September 28, 2004

I’VE FINISHED THE NEAL STEPHENSON BOOK, and now I’m reading Larry Kramer’s The People Themselves: Popular Constitutionalism and Judicial Review, which I’ve been asked to review, together with Randy Barnett’s Restoring the Lost Constitution: The Presumption of Liberty. I won’t spoil the surprise, but it’s very interesting to see how mainstream constitutional theory has shifted over the past ten years, away from notions of judicial supremacy and toward notions of popular sovereignty.