Taking Back the Constitution

“Tushnet presents a thought-provoking discussion of the power and persuasion of the U.S. Supreme Court in its current conservative iteration.”—Judy C. Janes, Law Library Journal

“Brings into focus the revivified critique of constitutional law critical constitutionalists have (re)developed. . . . Tushnet’s well developed scenarios show that the modality-based constitutional arguments available to progressives are rather limited.”—Calvin TerBeek, Law & Social Inquiry

“Tushnet persuasively demonstrates how judges’ preexisting views influence how they decide cases. He rightly calls for a reinvigoration of the role of Congress and the public in constitutional decision-making.”—Caroline Fredrickson, author of The Democracy Fix and Under the Bus

“Readers will find Mark Tushnet’s new book bracing, exhilarating, and (for some) maddening. It is controversial in the best way, providing a framework for specific arguments (like court-packing) that many readers will have encountered but perhaps not considered systematically.”—Josh Chafetz, author of Congress’s Constitution