Document Type
Article
Publication Date
3-2005
ISSN
0015-704X
Publisher
Fordham University School of Law
Language
en-US
Abstract
Larry Sager and Larry Kramer have written important books that, in quite different ways, call for taking the Constitution seriously outside the courts. Sager's Justice in Plainclothes' and Kramer's The People Themselves2 nonetheless join issue in significant ways, and therefore it is illuminating to analyze them as a pair.
To get a handle on the differences between the two Larrys' books, I have concocted the following fanciful hypothetical. Imagine a law school with a faculty that includes Ronald Dworkin: court-centered constitutional theorist extraordinaire and proponent of a liberal moral reading of the American Constitution.3 Further imagine that the faculty includes two Larrys, each of whom is quite brilliant. And imagine that this law school has an omnipotent dean who can dictate to faculty members what scholarly projects they shall undertake.
Recommended Citation
James E. Fleming,
Judicial Review Without Judicial Supremacy: Taking the Constitution Seriously Outside the Courts
,
in
73
Fordham Law Review
1377
(2005).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2843
