The Failure of Constitutional Theory - 343


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Feb 28 2025 54 mins   91

Today we are talking to Harvard Law Professor Mark Tushnet about his book Who Am I to Judge: Judicial Craft versus Constitution Theory. It’s common today for Supreme Court justices to outline a theory of constitutional interpretation, but it turns out that not only is this dishonest, but also something that only developed in the late 20th century. Enjoy!


The Ian Toll book series Ryan mentions can be found here.