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Justice in Plainclothes: A Theory of American Constitutional Practice.

Publication: Trial
Publication Date: 01-FEB-05 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Justice in Plainclothes: A Theory of American Constitutional Practice.(Book Review)

Article Excerpt
Justice in Plainclothes: A Theory of American Constitutional Practice Lawrence G. Sager Yale University Press www.yalebooks.com 272 pp., $40

I once heard a lecturer wax silly about a Chinese domestic relations code, noting that it was just one page in its entirety--a model of simplicity ripe for emulation. My unspoken retort: "Due process" is only two words.

Giving meaning to a statute is not easy, and giving meaning to a constitution is downright difficult. We entrust judges with the task, and how federal judges should perform it is currently the subject of bilious debate in Senate judicial approvals.

Lawrence Sager, a law professor at the University of Texas at Austin, offers guidance in Justice in Plainclothes. He begins his useful discussion of how judges do and should interpret our Constitution--he calls this our "constitutional practice," distinct from the Constitution itself--by posing this question: Should we view judges as agents of the framers, subject to their instructions and bound not to take independent action, or as partners of the framers, charged with exercising good judgment about how to advance the constitutional...

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