| dc.description.abstract | Robin West has written a book that every constitutional scholar would like
to like. In Progressive Constitutionalism, she promises us a new and historically
accurate interpretation of the Fourteenth Amendment that will deliver us
from the quagmire of fruitless debate between the far left and the far right, and
provide a constitutional solution to some of today's most important disputes.
She also explains why this interpretation is inherently difficult for the judicial
branch to recognize, and thus recommends that progressives turn to Congress
instead.
West's past contributions to constitutional jurisprudence have been impressive,
creating in her readers high expectations for Progressive Constitutionalism.
West's great strength as a scholar lies in her ability to cut to the heart of
jurisprudential disputes and to shed new light on their character. She displayed
this talent in writing the seminal article on disagreements within the feminist
legal community. She demonstrates this talent again in several chapters from
Part III of the book, in which she insightfully dissects various intersections
among conservatives, liberals, natural lawyers, positivists, individualists, and
communitarians. Undoubtedly, West's taxonomies have contributed significantly
to constitutional jurisprudence.
Unfortunately, West's ability to propose, justify, and apply constitutional
doctrine does not match her keen ability to redescribe scholarly debates. Because
West devotes much of the book to doctrinal matters, "Progressive Constitutionalism"
ultimately is profoundly disappointing. | en_US |
