That is the title of this thought-provoking book by Louis Michael Seidman, a professor of constitutional law at Georgetown University. In summary, Professor Seidman’s thesis is that the Constitution of 1787 is not binding on us. While a strong case can certainly be made that Supreme Court interpretations of the Constitution are not binding on the other branches of the national government, you can go ahead and file Seidman’s work under “stupid sh*t law professors say.” In politics, as in any other human activity, we must have rules–as well as an entity who is willing and able to enforce the rules. Without a set of rules, how can we play?
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