Fordham University School of Law
Cass Sunstein and I have written fundamentally different books. My Securing Constitutional Democracy: The Case of Autonomy' puts forward a liberal Constitution-perfecting theory, one that aspires to interpret the American Constitution so as to make it the best it can be. Sunstein's Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America2 advances a minimalist critique of radical conservative constitutional theories of "fundamentalism" that call for restoring the "Constitution in exile."
James E. Fleming,
The Incredible Shrinking Constitutional Theory: From the Partial Constitution to the Minimal Constitution
Fordham Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2837