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The Resource Constitutional personae, Cass R. Sunstein

Constitutional personae, Cass R. Sunstein

Label
Constitutional personae
Title
Constitutional personae
Statement of responsibility
Cass R. Sunstein
Creator
Author
Subject
Language
eng
Summary
"Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of 'Nudge', points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae<U+0127> �choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works."--
Member of
Assigning source
Provided by Publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Sunstein, Cass R
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Inalienable rights series
http://library.link/vocab/subjectName
Constitutional law
Label
Constitutional personae, Cass R. Sunstein
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 155-160) and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Contents
Constitutional personae -- Interpretation -- Burkean minimalism -- Unanimity and disagreement -- Closing words : rules of attraction
Control code
FIEb17757253
Dimensions
22 cm.
Extent
xviii, 171 pages
Isbn
9780190222673
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)900869704
Label
Constitutional personae, Cass R. Sunstein
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 155-160) and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Contents
Constitutional personae -- Interpretation -- Burkean minimalism -- Unanimity and disagreement -- Closing words : rules of attraction
Control code
FIEb17757253
Dimensions
22 cm.
Extent
xviii, 171 pages
Isbn
9780190222673
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)900869704

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