I have not finished this book, but only read the first chapter and attended a talk by Prof. Hamburger about his thesis in the book. So far, it more than lives up to Prof. Lindgren's review of it above and the blurbs on the cover. Once you understand what the author is saying, especially if you suffered through the debates about judicial review in the 1980's and after, you can only wish this book had been written long ago. PH writes in a smooth but lively, non-confrontational style, but what he has to say, at least if it becomes generally accepted or widely influential, has the promise to displace great mountains of bad thinking that have accumulated around the most obfuscated branch of government -- the judiciary. It is also bound to be fascinating to anyone interested in the history of law as it relates to constitutionalism and political theory. It would make a great first book to read on this subject as well for the law student or lawyer who wants to be a serious student of judicial power and its history.

Tom Smith

Prof. of Law

USD Law School

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