Intense political disagreements over constitutional law and the Supreme Court have divided America. Constitutional Symmetry offers a fresh perspective by urging judges to make decisions that work 'symmetrically' across major partisan and ideological divides instead of favoring one partisan coalition over the other. Zachary S. Price argues this approach will aid the political process, align with the role morality of judging, and advance the framers' hopes for the Constitution. Chapters explore how this approach can encourage new solutions to fraught debates over free speech, religious liberty, separation of powers, federalism, affirmative action, gun rights, abortion, parental rights, and the law of democracy. Timely and innovative, this book is must-read for anyone seeking to understand the sources and implications of constitutional polarization in the contemporary United States.
By:
Zachary S. Price (University College of the Law San Francisco)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions:
Height: 229mm,
Width: 152mm,
Spine: 14mm
Weight: 398g
ISBN: 9781009391832
ISBN 10: 1009391836
Pages: 272
Publication Date: 21 November 2024
Audience:
General/trade
,
ELT Advanced
Format: Paperback
Publisher's Status: Active
Introduction. The constitution and polarized politics; Part I. Symmetry Explained: 1. The problem; 2. The solution; 3. Reasons to favor symmetry; 4. Objections, alternatives, and refinements; Part II. Symmetry applied: 5. Speech, association, and religion; 6. Separation of powers and federalism; 7. Equal protection; 8. Guns and fundamental rights; 9. Law of democracy; Conclusion. a republic if you can keep it.
Zachary S. Price is a professor at the University of California College of the Law, San Francisco.
Reviews for Constitutional Symmetry: Judging in a Divided Republic
'Constitutional Symmetry could be the most important book in constitutional theory in decades. Cutting across the now familiar categories of originalism, living constitutionalism, and pragmatism, Zach Price's book frames constitutional debate in a way that offers something to both sides of the spectrum – and thus charts a path out of the polarized antagonism that now engulfs the courts.' Michael W. McConnell, Richard & Frances Mallery Professor, Stanford Law School 'Constitutional law is different from politics, but should the one take account of the other? In this brilliant, challenging, and wide-ranging book, Zachary Price answers with a resounding Yes. The polarization now gripping our nation cannot be ignored, and Price argues that the Supreme Court should mitigate its effects, not worsen them. Anyone interested in a fair and neutral judiciary should read this book.' Richard M. Re, Professor of Law, University of Virginia School of Law
