The (Un)Written Constitution

The (Un)Written Constitution by George Thomas reveals the unwritten ideas that underlie our deepest debates about the written Constitution. He argues that these debates are not about whether to follow the text but about what fidelity to the text requires. This book forces us to consider the text and the unstated principles that lie beneath it in a new light.

Format: Hardback
Length: 184 pages
Publication date: 05 January 2022
Publisher: Oxford University Press Inc

The late Justice Scalia often emphasized that deviations from the written text of the Constitution amounted to a deviation from Constitutional law itself. However, it is essential to recognize that Scalia's jurisprudence itself relied on unwritten ideas. Given the recent prominence of textualist interpreters like Justices Gorsuch, Kavanaugh, and Barrett on the Supreme Court, it is crucial for the public to understand that these interpreters, like Scalia, draw upon unwritten principles when interpreting the Constitution.

In his book, "The (Un)Written Constitution," George Thomas sheds light on these unwritten ideas by examining the practices of Supreme Court justices and political actors in interpreting the Constitution over two centuries. Thomas highlights the often overlooked concepts that shape our discussions about the written Constitution, ranging from founding debates on freedom of speech and religion to contemporary arguments on judicial review, separation of powers, same-sex marriage, and partisan gerrymandering.

Contrary to the self-proclaimed textualists, Thomas argues that these recurring constitutional debates are not merely about adhering to the text. Rather, they revolve around determining the appropriate level of fidelity to the text. By highlighting how moving beyond the text is an inherent aspect of interpreting the written Constitution, this concise primer on constitutional interpretation prompts us to contemplate the text and the underlying principles that inform it.

Weight: 344g
Dimension: 149 x 216 x 22 (mm)
ISBN-13: 9780197555972