Radicals in Robes

The author presents an original and impassioned analysis of one of the country's most contentious issues: the hard right turn increasingly taken by the federal courts, and why balance must be restored to the judiciary branch.

Cass R. Sunstein is Karl N. Llewellyn Distinguished Service Professor of Jurisprudence at the University of Chicago Law School and a contributing editor at The New Republic and the American Prospect. He has testified before Congress on numerous occasions and has contributed as well to such publications as the New York Times, the Los Angeles Times, and the Washington Post. His numerous books include Republic.com, Risk and Reason, Laws of Fear, and The Second Bill of Rights. He lives in Chicago, Illinois.

Preface

xi

Introduction: The Constitution in Exile

1

(22)

PART ONE: THE GREAT DIVIDE

1. Fundamentalists and Minimalists, Perfectionists and Majoritarians

23

(30)

2. History's Dead Hand

53

(28)

PART TWO: GREAT DIVISIONS

3. Is There a Right to Privacy?

81

(30)

4. Who May Marry?

111

(20)

5. Race and Affirmative Action

131

(20)

6. National Security

151

(24)

7. Minimalism at War

175

(24)

8. Separation of Powers

199

(18)

9. Guns, God, and More

217

(26)

10. Fundamentals

243

(10)

Notes

253

(16)

Index

269

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Summary

Author Biography

Table of Contents

Supplemental Materials