Urges judges to craft constitutional decisions that favor neither conservatives nor progressives but provide important protections for both.
Addressing the intense political debates surrounding constitutional law and the Supreme Court, this book urges judges to resist politicization and make decisions that benefit both conservatives and progressives. A must-read for anyone seeking to understand the sources and implications of constitutional disagreements in contemporary America.
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Summary
Urges judges to craft constitutional decisions that favor neither conservatives nor progressives but provide important protections for both.
Addressing the intense political debates surrounding constitutional law and the Supreme Court, this book urges judges to resist politicization and make decisions that benefit both conservatives and progressives. A must-read for anyone seeking to understand the sources and implications of constitutional disagreements in contemporary America.
Description
Intense political disagreements over constitutional law and the Supreme Court have divided America. Constitutional Symmetry offers a fresh perspective by urging judges to make decisions that work 'symmetrically' across major partisan and ideological divides instead of favoring one partisan coalition over the other. Zachary S. Price argues this approach will aid the political process, align with the role morality of judging, and advance the framers' hopes for the Constitution. Chapters explore how this approach can encourage new solutions to fraught debates over free speech, religious liberty, separation of powers, federalism, affirmative action, gun rights, abortion, parental rights, and the law of democracy. Timely and innovative, this book is must-read for anyone seeking to understand the sources and implications of constitutional polarization in the contemporary United States.
Critic Reviews
'Constitutional Symmetry could be the most important book in constitutional theory in decades. Cutting across the now familiar categories of originalism, living constitutionalism, and pragmatism, Zach Price's book frames constitutional debate in a way that offers something to both sides of the spectrum – and thus charts a path out of the polarized antagonism that now engulfs the courts.' Michael W. McConnell, Richard & Frances Mallery Professor, Stanford Law School
'Constitutional law is different from politics, but should the one take account of the other? In this brilliant, challenging, and wide-ranging book, Zachary Price answers with a resounding Yes. The polarization now gripping our nation cannot be ignored, and Price argues that the Supreme Court should mitigate its effects, not worsen them. Anyone interested in a fair and neutral judiciary should read this book.' Richard M. Re, Professor of Law, University of Virginia School of Law
About the Author
Zachary S. Price is a professor at the University of California College of the Law, San Francisco.
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