Why the Constitution Matters

May 15, 2010
Instead of the usual examination of how the Constitution is the blueprint for American democracy, Tushnet (William Nelson Cromwell Professor of Law, Harvard Univ.; "A Court Divided") discusses how the structure of the Constitution has influenced our politics. He first notes that the Constitution's role as the foundation of our democracy is not its most important one. For instance, with the current debate over health-care reform, he points out the many extra-constitutional factors affecting legislation. The American political system, Tushnet notes, is largely controlled at the state level, where election rules are set and fund-raising takes place, activities that are not spelled out in the Constitution. Tushnet next turns to the Supreme Court's effect on the Constitution, indicating again that politics, such as that involved in judicial selection and the deciding of cases, has more impact on the Court than the outlines of the Constitution itself. He also points out here that Supreme Court justices, as life appointees, are less affected by politics than are members of Congress. The third chapter is very brief, summarizing the points of the book and suggesting ways that the Constitution can matter more. VERDICT Although Tushnet's premise is interesting, his book can be hard to follow because of the number of points he attempts to discuss briefly. Each of his topics needs to be covered more fully to be clear. While his book may be useful to prelaw and law students, it is not recommended for others.Becky Kennedy, Atlanta-Fulton P.L., GA

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