Book Recommendation: The Democratic Constitution

{Bookshelf Recommendation} By Jasmine Farrier, PhD, UofL Political Science

Neal Devins and Louis Fisher, The Democratic Constitution, 2nd ed. (New York: Oxford University Press, 2015).

Dr. Jasmine Farrier

Many think that the Supreme Court is the "final word" on major constitutional questions in the US. Although there is no such language in the Constitution, the media, politicians – and even judges themselves – use misleading words along these lines to describe the role of the federal judiciary.

In reality, constitutional development is broader, deeper, and far more interesting. This book shows the many ways that regular voters, participants in social movements, policy advocates, and members of all three branches in the US government and every state shape our current conceptions of what is "constitutional" across many subjects. Whether you are comforted or horrified by the idea of 9 unelected robed superheroes in the Supreme Court deciding our fate (sometimes by a one-person majority), it turns out that neither version is accurate. Majorities are far more often in the driver seat.

Devins and Fisher reject judicial supremacy and finality as unwise and untrue. In fact, "the Court recognizes time and again that constitutional values are hammered out as part of a broader dialogue. Certainly the Court plays a critical part in this national discourse. But the Court does not stand alone, dictating its view of constitutional truth to an obedient public" (32).

Each of the book's chapters tell an accessible story on the many ways public opinion, local and state governments, interest group activism, and politicians from a variety of perspectives continue to shape our evolving understanding of federalism, separation of powers, war and national security, privacy, race, sex, speech, religion and may other key subjects. This book is not an endorsement of a "living Constitution" as an ideological preference. Rather, it reminds us that deference to federal judges was never the framers' goal. Courts are part of federalism and separation of powers through infinite high and low-profile issues. Healthy conflict means engagement of many ideas, voices, and perspectives. Constitutional dysfunction is more of a danger when we have one-sided consensus, or – even worse – one branch dominance.

Dr. Jasmine Farrier is professor and chair of the University of Louisville's Political Science Department. Views expressed here are her own and not necessarily those of the McConnell Center.

---

This recommendation is part of the McConnell Center's Meditations publication series, which features the center's educational resources in a monthly e-newsletter. Content includes a great books podcast series hosted by McConnell Center Director Gary Gregg, book recommendations, student research and writing, and notable lectures available in video format. Subscribe