The Political Constitution

“This concise, well-written book fills an important role in contemporary debates over the role of the courts.”—Political Science Quarterly

"A warning against the siren’s song of judicial supremacy."—National Review

"The book is well argued, well written, and substantially researched. Highly recommended."—Choice

“In this insightful study, Greg Weiner explains why the Supreme Court on constitutional matters should not be treated as an entirely independent branch. Instead, it is part of the political process and fully subject to independent analysis, public debate, and the system of checks and balances. In the act of governing, the judiciary is a coequal partner, not a superior branch.”—Louis Fisher, author of Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on the Constitution

“The Political Constitution argues that legal theorists from across the ideological spectrum too often prefer the authority of unelected judges to the messiness of democracy. The Declaration of Independence promises not only ‘Inalienable Rights,’ but also ‘The Consent of the Governed.’ Greg Weiner calls upon judges to leave space for democratic deliberation on constitutional questions and urges elected officials and ordinary citizens to take responsibility for this difficult but essential work.”—James H. Read, author of Majority Rule versus Consensus: The Political Thought of John C. Calhoun

“This is a book that takes on big and important questions about how aggressively the courts should advance their understanding of the Constitution in the face of disagreements from others. Those questions have faded a bit in recent years, but Weiner takes them up with new urgency and does so in the name of a politics committed to communal conversations about shared values. His argument is carefully considered and well worth reading.”—Keith E. Whittington, author of Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present