About the Book

Printer-friendly version

Description

The Constitution in 2020, published by Oxford University Press, is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars,  Jack M. Balkin and Reva B. Siegel, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.
 
Reviews

"For a generation, conservatives have dominated our constitutional conversation. Now as a new day dawns, this inspiring book recaptures a progressive vision of a Constitution that can fulfill the country's oldest commitments to a robust and inclusive democracy."--Linda Greenhouse, Pulitzer Prize-winning journalist and author of Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey

"For much too long, progressive thinkers have been either responding reflexively to agendas set by the right, or wringing their hands over the absence of constructive options of their own. This volume marks the end of that time in the wilderness. Constitutional progressives who read this book's veritable cornucopia of carefully conceived alternatives are bound to be energized by the vistas opened here - and challenged by the puzzles posed in every sparkling chapter."-Laurence Tribe, author of The Invisible Constitution

Table of Contents

1. Introduction: The Constitution in 2020
Jack M. Balkin, Yale Law School, and Reva B. Siegel, Yale Law School

I. Interpreting Our Constitution

2. Fidelity to Text and Principle
Jack M. Balkin

3. Democratic Constitutionalism
Robert C. Post, Yale Law School and Reva B. Siegel

II. Social Rights and Legislative Constitutionalism

4. The Minimalist Constitution
Cass R. Sunstein, Harvard Law School and nominee for Administrator, Office of Information and Regulatory Affairs (OIRA)

5. Economic Power and the Constitution
Frank Michelman, Harvard Law School

6. Social and Economic Rights in the American Grain: Reclaiming Constitutional Political Economy
William E. Forbath, University of Texas

7. State Action in 2020
Mark Tushnet, Harvard Law School

8. The Missing Jurisprudence of the Legislated Constitution
Robin West, Georgetown University Law Center

9. Remembering How to Do Equality
Jack M. Balkin and Reva B. Siegel

III. Citizenship and Community

10. The Citizenship Agenda
Bruce Ackerman, Yale Law School
11. National Citizenship and the Promise of Equal Educational Opportunity
Goodwin Liu, University of California at Berkeley

12. Terms of Belonging
Rachel F. Moran, University of California (Irvine and Berkeley), and President, Association of American Law Schools

13. Hopeless Constitutionalism, Hopeful Pragmatism
Richard T. Ford, Stanford Law School

IV. Democracy and Civil Liberties

14. Voting Rights and the Third Reconstruction
Pamela S. Karlan, Stanford Law School

15. Political Organization and the Future of Democracy
Larry Kramer, Dean, Stanford Law School

16. A Progressive Perspective on Freedom of Speech
Robert C. Post

17. Information, Structures, and the Constitution of American Society
Yochai Benkler, Harvard Law School

18. The Constitution in the National Surveillance State
Jack M. Balkin

19. The Progressive Past
Tracey L. Meares, Yale Law School

V. Protecting Religious Diversity

20. The Framers' Church-State Problem—and Ours
Noah Feldman, Harvard Law School

21. Progressives, the Religion Clauses, and the Limits of Secularism
William P. Marshall, University of North Carolina

VI. Families and Values

22. A Liberal Vision of U.S. Family Law in 2020
William N. Eskridge, Jr., Yale Law School

23. A Progressive Reproductive Rights Agenda for 2020
Dawn E. Johnsen, Indiana University at Bloomington and nominee, Assistant Attorney General for the Office of Legal Counsel

VII. State, Nation, World

24. What's Federalism For?
Judith Resnik, Yale Law School

25. Progressive Constitutionalism and Transnational Legal Discourse
Vicki C. Jackson, Georgetown University Law Center

26. "Strategies of the Weak": Thinking Globally and Acting Locally toward a
Progressive Constitutional Vision

David Cole, David Cole, Georgetown University Law Center

27. America and the World, 2020
Harold Hongju Koh, Dean, Yale Law School and nominee, Legal Adviser, State Department.