Saving the Constitution from Lawyers: How Legal Training and Law Reviews Distort Constitutional Meaning
By Robert J. Spitzer
This e-book is a sweeping indictment of the criminal career within the realm of constitutional interpretation. The hostile, advocacy-based American criminal approach is easily fitted to American justice, within which one-sided arguments collide to supply a simply final result. but if utilized to constitutional theorizing, the result's selective research, overheated rhetoric, distorted evidence, and overstated conclusions. Such wayward theorizing unearths its manner into print within the nation's over six hundred legislation journals – specialist courses run through legislations scholars, no longer college or different execs – and peer overview is nearly by no means used to judge worthiness. the results of the program are tested via 3 well timed instances: the presidential veto, the 'unitary conception' of the president's commander-in-chief strength, and the second one Amendment's 'right to undergo arms'. In each one case, legislation stories have been the breeding floor for faulty theories that received fake legitimacy and political foreign money. This ebook concludes with thoughts for reform.