The Current Generation of Constitutional Law

31 Pages Posted: 18 Jul 2005  

David Fontana

George Washington University Law School

Abstract

In this piece reviewing Mark Tushnet's "The New Constitutional Order," David Fontana argues that Tushnet's admirably comprehensive book faces some of the same problems that many other pieces of popular constitutionalism scholarship do: He discusses the Constitution outside of the courts without examining the actual behavior of the Constitution outside of the courts. As it turns out, Tushnet is mostly right that there has not been a major constitutional revolution in the past generation. Still, by understudying the behavior of institutions besides courts, the book does not focus enough on the extent to which the entire political dynamic has moved to the right in the past generation, so no matter what that dynamic produces, it is bound to be farther to the right than the policies of a generation ago.

Suggested Citation

Fontana, David, The Current Generation of Constitutional Law. Georgetown Law Journal, Vol. 93, p. 1061, 2005. Available at SSRN: https://ssrn.com/abstract=757568

David Fontana (Contact Author)

George Washington University Law School ( email )

2000 H Street N.W.
Washington, DC 20052
United States
202-994-0577 (Phone)

HOME PAGE: http://www.law.gwu.edu/Faculty/profile.aspx?id=9950

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