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A Tradition at War with Itself: A Reply to Professor Rana's Review of America's Forgotten Constitutions: Defiant Visions of Power and Community
Texas Law Review See Also
  • Robert Tsai, American University Washington College of Law
Document Type
Article
Publication Date
1-1-2015
Journal

Texas Law Review See Also

Abstract

This essay responds to Professor Aziz Rana's review essay, "The Many American Constitutions," 93 Texas Law Review 1193 (2015).

He contends: (1) my portrayal of American constitutionalism might contain a “hidden” teleological understanding of the development of constitutional law; (2) my notion of "conventional sovereignty" sometimes seems content-free and at other times "interlinked with liberal egalitarianism"; and (3) a focus on failed constitutions "inadvertently tends to compartmentalize the overall tradition."

I answer in the following ways: (1) I reject any sense that constitutional law has moved in an arc of steady progress toward Enlightenment and instead embrace a tradition of warring, eclectic, constitutional ideas; (2) the concept of conventional sovereignty captures the locus of mainstream constitutionalism at any given moment in time and doesn't try to insulate any particular governing ideas from contestation; and (3) the constitutions analyzed are exemplars of these popular concepts--some ignored or rejected by mainstream constitutionalism--but they don't purport to represent the entirety of the tradition.

Citation Information
Robert Tsai. "A Tradition at War with Itself: A Reply to Professor Rana's Review of America's Forgotten Constitutions: Defiant Visions of Power and Community" Texas Law Review See Also Vol. 94 (2015)
Available at: http://works.bepress.com/robert_tsai/87/