The Constitution in 2020

by Balkin, Jack M.; Siegel, Reva B.

• ISBN13: 9780195387964
• ISBN10: 0195387961
• Edition: 1st
• Format: Paperback
• Copyright: 2009-05-26
• Publisher: Oxford University Press

Summary

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

Author Biography

Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School, and the Founder and Director of Yale's Information Society Project.
Reva B. Siegel is Nicholas deB. Katzenbach Professor of Law and Deputy Dean of Yale Law School

Table of Contents

Introduction: The Constitution in 2020	p. I
Interpreting Our Constitution
Fidelity to Text and Principle	p. II
Democratic Constitutionalism	p. 25
Social Rights and Legislative Constitutionalism
The Minimalist Constitution	p. 37
Economic Power and the Constitution	p. 45
Social and Economic Rights in the American Grain: Reclaiming Constitutional Political Economy	p. 55
State Action in 2020	p. 69
The Missing Jurisprudence of the Legislated Constitution	p. 79
Remembering How to Do Equality	p. 93
Citizenship and Community
The Citizenship Agenda	p. 109
National Citizenship and the Promise of Equal Educational Opportunity	p. 119
Terms of Belonging	p. 133
Hopeless Constitutionalism, Hopeful Pragmatism	p. 143
Democracy and Civil Liberties
Voting Rights and the Third Reconstruction	p. 159
Political Organization and the Future of Democracy	p. 167
A Progressive Perspective on Freedom of Speech	p. 179
Information, Structures, and the Constitution of American Society	p. 187
The Constitution in the National Surveillance State	p. 197
The Progressive Past	p. 209
Protecting Religious Diversity
The Framers' Church-State Problem-and Ours	p. 221
Progressive, the Religion Clauses, and the Limits of Secularism	p. 231
Families and Values
A Liberal Vision of U.S. Family Law in 2020	p. 245
A Progressive Reproductive Rights Agenda for 2020	p. 255
State, Nation, World
What's Federalism For?	p. 269
Progressive Constitutionalism and Transnational Legal Discourse	p. 285
"Strategies of the Weak": Thinking Globally and Acting Locally toward a Progressive Constitutional Vision	p. 297
America and the World, 2020	p. 313
Acknowledgments	p. 327
About the Contributors	p. 329
Index	p. 339
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