A Republic of Statutes

Shopping Cart Notice

In order to purchase a book title from our shopping cart you must download and install the Mozilla Firefox browser. Please note, your Firefox privacy settings may block the shopping cart from working. You must enable the use of third-party cookies in your browser. If you're unable to download and install Firefox, you may also place your order directly from our fulfillment warehouse, Triliteral, by calling 1-800-405-1619. If you have received a promotional code for an event or conference purchase, please mention it when placing your order.
 
Please note that the Triliteral Call Center is open Monday thru Friday, 9 am to 5 pm EST. Due to the influx of calls, wait times may be longer than usual. We appreciate your patience and apologize for any inconvenience.

The New American Constitution

William N. Eskridge Jr. and John Ferejohn

View Inside Format: Paper
Price: $55.00
YUP
Our shopping cart only supports Mozilla Firefox. Please ensure you're using that browser before attempting to purchase.

Also Available in:
Cloth

William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.

William N. Eskridge Jr. is the John A.Garver Professor of Jurisprudence at Yale Law School. John Ferejohn is the Charles Seligson Professor of Law at New York University School of Law.

"This breakthrough book marks a decisive turn in American constitutional thought – away from ancestor worship, toward a realistic understanding of how  real-world Americans make and remake their fundamental law."—Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University

“Eskridge and Ferejohn make a far-reaching claim in this tour de force – that constitutional struggles are frequently constitutional not Constitutional.  These struggles are still contests among ideas, but they are as often formulated, argued, synthesized, and (tentatively) concluded – until the next round of struggle – in the hotter venues of popular politics as in the cooler court rooms, conference rooms, and chambers of jurists.  Popular political deliberation provides the dynamic context for an evolving de facto constitutional order.  This marriage of political science and public law is a landmark achievement.”—Kenneth A. Shepsle, Harvard University

“Why does our public law obsess about the Constitution, when so many of our most fundamental national commitments are embodied in subconstitutional law? In this illuminating and stimulating volume, a distinguished political scientist and a gifted public lawyer unravel that question. Eskridge and Ferejohn's redefining study shows how 'administrative constitutionalism'—agency elaboration of superstatutes, treaties, agreements, and state statutory regimes—both invites a 'deliberation-respecting' role for U.S. courts and ends up shaping America's national character.”—Harold Hongju Koh, The Legal Adviser, U.S. Department of State; Martin R. Flug Professor of International Law, Yale Law School

ISBN: 9780300199796
Publication Date: May 28, 2013
592 pages, 6 1/8 x 9 1/4
Marriage Equality

From Outlaws to In-Laws

William N. Eskridge Jr. and Christopher R. Riano

View details