Who Am I to Judge?: Judicial Craft Versus Constitutional Theory

by Mark Tushnet

A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?

Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court's history, including some of its most exceptional...

• Format: Paperback
• Language: English
• ISBN: 0300277016
• ISBN13: 9780300277012
• Release Date: February 2025
• Publisher: Yale University Press
• Length: 206 Pages