Wednesday, May 20, 2015
The author previews his new book and explains why he wrote it. The gist:
Although I don’t have survey data on this, my impression is that law professors probably support the result in Kelo by almost as lopsided a margin as the general public opposes it. The decision is also overwhelmingly endorsed by left-of-center federal judges (though some liberal state judges differ), and by many government officials and urban planners. Having previously written a book about the dangers of political ignorance, I recognize that having majority public opinion on my side does little to prove my position correct. When experts disagree with the public, we should take seriously the very real possibility that the group with greater knowledge of the subject is right. One of the main purposes of The Grasping Hand is to explain why dominant view among my fellow academic experts is wrong – not only from the standpoint of my own preferred approach to constitutional theory, but from that of a variety of widely accepted versions of both originalism and living constitutionalism.