Constitutional Symmetry
Judging in a Divided Republic

Urges judges to craft constitutional decisions that favor neither conservatives nor progressives but provide important protections for both.

Zachary S. Price (Author)

9781009391849, Cambridge University Press

Hardback, published 21 November 2024

272 pages
23.5 x 15.8 x 2.1 cm, 0.54 kg

'Price provides a cogent critique of current US Supreme Court doctrines, suggesting changes to keep its decisions from systematically favoring one partisan side. Excellent for US law collections. … Highly recommended.' D. Schultz, Choice

Intense political disagreements over constitutional law and the Supreme Court have divided America. Constitutional Symmetry offers a fresh perspective by urging judges to make decisions that work 'symmetrically' across major partisan and ideological divides instead of favoring one partisan coalition over the other. Zachary S. Price argues this approach will aid the political process, align with the role morality of judging, and advance the framers' hopes for the Constitution. Chapters explore how this approach can encourage new solutions to fraught debates over free speech, religious liberty, separation of powers, federalism, affirmative action, gun rights, abortion, parental rights, and the law of democracy. Timely and innovative, this book is must-read for anyone seeking to understand the sources and implications of constitutional polarization in the contemporary United States.

Introduction. The constitution and polarized politics
Part I. Symmetry Explained: 1. The problem
2. The solution
3. Reasons to favor symmetry
4. Objections, alternatives, and refinements
Part II. Symmetry applied: 5. Speech, association, and religion
6. Separation of powers and federalism
7. Equal protection
8. Guns and fundamental rights
9. Law of democracy
Conclusion. a republic if you can keep it.

Subject Areas: Constitutional & administrative law [LND]