Red, White, and Blue

A Critical Analysis of Constitutional Law

With a New Foreword by Sanford Levinson and a New Afterword by the Author

Mark V. Tushnet

The first paperback edition of a classic of American constitutional theory. The book is divided into two parts. In Part I Professor Tushnet appraises the five major competing grand theories of constitutional law and interpretation, and, argues that none of them satisfy their own requirements for coherence and judicial constraint. In Part II the author offers a descriptive sociology of constitutional doctrine and raises critical questions as to whether a grand theory is necessary, is it possible to construct a coherent, useful grand theory, and is construction of an uncontroversial grand theory possible?

Professor Tushnet’s new Afterword is organized in parallel fashion to the original text. Part I offers a new survey of the contemporary terrain of constitutional interpretation. Part II provides an extended discussion of the most prominent of contemporary efforts to provide an external analysis of constitutional law, the idea of regime politics. This includes discussion of major court decisions, including Bush v. Gore and Citizens United.

“Professor Tushnet’s book is a healthy antidote to the prevailing mode of American constitutional scholarship.”

—Frederick Schauer, Georgetown Law Journal

“[Professor Tushnet’s] contributions to the debates about constitutional interpretation and insights into the dynamics of constitutional theory and doctrine are invaluable. In the final analysis, he forces us not only to remain intellectually honest but also to question the precepts by which we choose to run our government and live our lives.”

—Michael J. Gerhardt, Texas Law Review
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About the Author

Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. He is the author of Slave Law in the American South: State v. Mann in History and Literature.

Additional Titles in the Constitutional Thinking Series