The
Texas Law Review has graciously agreed to publish my response to Professor Aziz Rana's thoughtful review of
America's Forgotten Constitutions. It can be downloaded from
here. A snippet from my response:
Nowhere in the book do I claim that American constitutional law, understood as an ideological and social practice, evolved in a way that was inevitable or predictable. Nor has the original ethical character of the U.S. Constitution simply been revealed over time. To steal from King, I do not think that the moral arc of constitutional law "bends towards justice."...
While they are competitors in an important sense, in truth radicals need reformers. The success of moderates playing within the system creates an opportunity for radicals, who can behave parasitically on reformers' efforts by engaging an already energized electorate.
Professor Rana's original book review can be read
here.
