Comparative Labors and Democratic Dysfunction

For the symposium on Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019).Democracy and Dysfunction joins a distinguished list of seminal works on constitutionalism in the United States that have universal titles. The tradition is honorable.  Participants include such classics as John Hart Ely’s Democracy and Distrust, Ronald Dworkin’s Taking Rights Seriously, Gerald Gunther’s Constitutional Law, and, for that matter, Sandy Levinson’s Constitutional Faith and Jack Balkin’s Constitutional Redemption. Each work in different ways contributes substantially to better understandings and evaluations of the constitutional experience in the United States.  Democracy and Dysfunction does so by insisting we pay more attention to the structures of American constitutional politics, which include state equality in the Senate and notions of political time, than to the latest Supreme Court…

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