Description - Saving the Constitution from Lawyers by Robert J. Spitzer
This book is a sweeping indictment of the legal profession in the realm of constitutional interpretation. The adversarial, advocacy-based American legal system is well suited to American justice, in which one-sided arguments collide to produce a just outcome. But when applied to constitutional theorizing, the result is selective analysis, overheated rhetoric, distorted facts, and overstated conclusions. Such wayward theorizing finds its way into print in the nation's over 600 law journals - professional publications run by law students, not faculty or other professionals - and peer review is almost never used to evaluate worthiness. The consequences of this system are examined through three timely cases: the presidential veto, the 'unitary theory' of the president's commander-in-chief power, and the Second Amendment's 'right to bear arms'. In each case, law reviews were the breeding ground for defective theories that won false legitimacy and political currency. This book concludes with recommendations for reform.
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(228mm x 152mm x 18mm)
Cambridge University Press
Publisher: Cambridge University Press
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Author Biography - Robert J. Spitzer
ROBERT J. SPITZER is Distinguished Service Professor of Political Science at the State University of New York, Cortland. His books include The Presidency and Public Policy; The Right to Life Movement and Third Party Politics; The Presidential Veto; The Bicentennial of the U.S. Constitution; President and Congress; Media and Public Policy; The Politics of Gun Control; Politics and Constitutionalism; The Right to Bear Arms; Essentials of American Politics; and The Presidency and the Constitution.