One of the most significant works about constitutional interpretation in recent years.
An incisive rethinking of the U.S. Constitution.
Sunstein, the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School, begins by pointing out the irrefutable fact that “the Constitution does not contain the instructions for its own interpretation.” Thus, “no approach to constitutional interpretation is required or self-justifying.” On those grounds, he briskly swats away every jurisprudentially, philosophically, and historically justified interpretive scheme—“anti-originalist” as well as “originalist,” of the left as well as the right—that has been advanced since the 19th century. All schools and schemes of interpretation fall before his generous-spirited ax strokes. In their place, he argues, there can be only one acceptable, humane approach to judicial interpretation: the search among jurists for a “ ‘reflective equilibrum’ in which [jurists’] judgments, at multiple levels of generality, are brought into alignment with each other” in order to achieve the most democratically acceptable and fairest outcome achievable at the time. “There is no alternative to the search for reflective equilibrium,” writes the author, because “no theory makes sense for every imaginable world.” Though disarmingly and intentionally “simple and straightforward,” as well as open-hearted, common-sensical, and succinct, Sunstein’s text, given its grave and demanding subject, requires readers’ attentiveness. Despite the author’s fair-mindedness, it’s clear that his main targets are the originalist and traditionalist arguments that have recently captured the radical right and are overturning decades of settled constitutional law. Is Sunstein’s interpretive scheme strong enough to halt the further advance of originalist and traditionalist thinking on the Supreme Court? Probably not. But it’s a brave, muscular, and compelling roadblock now standing in the way of originalist ideologues. This book should be in the hands of every law student, constitutional lawyer, judge, and Supreme Court justice.
One of the most significant works about constitutional interpretation in recent years.Pub Date: Aug. 15, 2023
ISBN: 9780691252049
Page Count: 208
Publisher: Princeton Univ.
Review Posted Online: April 3, 2023
Kirkus Reviews Issue: May 1, 2023
An engrossing and ominous chronicle, told by a master of the form.
Documenting perilous times.
In his most recent behind-the-scenes account of political power and how it is wielded, Woodward synthesizes several narrative strands, from the Jan. 6, 2021, insurrection and Hamas’ Oct. 7, 2023, attack on Israel to the 2024 presidential campaign. Woodward’s clear, gripping storytelling benefits from his legendary access to prominent figures and a structure of propulsive chapters. The run-up to Russia’s invasion of Ukraine is tense (if occasionally repetitive), as a cast of geopolitical insiders try to divine Vladimir Putin’s intent: “Doubt among allies, the public and among Ukrainians meant valuable time and space for Putin to maneuver.” Against this backdrop, U.S. Sen. Lindsey Graham implores Donald Trump to run again, notwithstanding the former president’s denial of his 2020 defeat. This provides unwelcome distraction for President Biden, portrayed as a thoughtful, compassionate lifetime politico who could not outrace time, as demonstrated in the June 2024 debate. Throughout, Trump’s prevarications and his supporters’ cynicism provide an unsettling counterpoint to warnings provided by everyone from former Joint Chief of Staff Mark Milley to Vice President Kamala Harris, who calls a second Trump term a likely “death knell for American democracy.” The author’s ambitious scope shows him at the top of his capabilities. He concludes with these unsettling words: “Based on my reporting, Trump’s language and conduct has at times presented risks to national security—both during his presidency and afterward.”
An engrossing and ominous chronicle, told by a master of the form.Pub Date: Oct. 15, 2024
ISBN: 9781668052273
Page Count: 448
Publisher: Simon & Schuster
Review Posted Online: Oct. 15, 2024
Kirkus Reviews Issue: Dec. 15, 2024
IN THE NEWS
PERSPECTIVES
A fierce, penetrating, and empowering call for change.
Artist and activist Vaid-Menon demonstrates how the normativity of the gender binary represses creativity and inflicts physical and emotional violence.
The author, whose parents emigrated from India, writes about how enforcement of the gender binary begins before birth and affects people in all stages of life, with people of color being especially vulnerable due to Western conceptions of gender as binary. Gender assignments create a narrative for how a person should behave, what they are allowed to like or wear, and how they express themself. Punishment of nonconformity leads to an inseparable link between gender and shame. Vaid-Menon challenges familiar arguments against gender nonconformity, breaking them down into four categories—dismissal, inconvenience, biology, and the slippery slope (fear of the consequences of acceptance). Headers in bold font create an accessible navigation experience from one analysis to the next. The prose maintains a conversational tone that feels as intimate and vulnerable as talking with a best friend. At the same time, the author's turns of phrase in moments of deep insight ring with precision and poetry. In one reflection, they write, “the most lethal part of the human body is not the fist; it is the eye. What people see and how people see it has everything to do with power.” While this short essay speaks honestly of pain and injustice, it concludes with encouragement and an invitation into a future that celebrates transformation.
A fierce, penetrating, and empowering call for change. (writing prompt) (Nonfiction. 14-adult)Pub Date: June 2, 2020
ISBN: 978-0-593-09465-5
Page Count: 64
Publisher: Penguin Workshop
Review Posted Online: March 14, 2020
Kirkus Reviews Issue: April 1, 2020
© Copyright 2024 Kirkus Media LLC. All Rights Reserved.
Follow
Popular in this Genre
We can’t wait for you to join Kirkus!
It’s free and takes less than 10 seconds!
Already have an account? Log in.
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
Welcome Back!
OR
Sign in with GoogleTrouble signing in? Retrieve credentials.
