How to Interpret the Constitution by Sunstein, Cass R.;

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From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted

The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason.

But some Supreme Court justices are committed to “originalism,” arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself.

Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.

“How to Interpret the Constitution is simply amazing—deeply personal and accessible yet of the highest sophistication. Cass Sunstein takes us on a tour of contemporary constitutional theory that speaks plainly to every citizen who cares about the Constitution and that should be required reading for judges, lawyers, and students of the law. If you want to understand the great debate between originalism and living constitutionalism, this is the book for you.”—Lawrence B. Solum, University of Virginia School of Law

“What’s at stake in choosing among rival approaches to interpreting the Constitution? Cass Sunstein shows us, in terms that speak to outsiders, newcomers, and experts, that interpreters must make value-based choices—and why choosing originalism will make us worse off. A compelling read at a time when many lack confidence in the Supreme Court and the Constitution, and debate burns hot.”—Reva Siegel, Yale Law School

“Even to one who answers the question—how to interpret the Constitution—differently than Cass Sunstein, this introduction to the topic is refreshingly commonsensical, accessible, and fair-minded.”—Michael W. McConnell, Stanford Law School

“Cass Sunstein, one of the nation’s leading constitutional scholars, provides a citizen’s guide to current controversies over how to interpret the Constitution. Everyone interested in constitutional law and today’s Supreme Court will benefit from grappling with Sunstein’s arguments.”—Mark Tushnet, Harvard Law School, author of Taking Back the Constitution

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