Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Upside-Down Constitution

The Upside-Down Constitution DOI 10.1515/forum-2013-0026The Forum 2013; 11(1): 77­92 Book review Michael Greve, The Upside-Down Constitution (Cambridge: Harvard University Press, 2012, ISBN 978-0674061910, Price: $39.95) Reviewed by R. Shep Melnick Boston College melnicrs@bc.edu If, like me, you thought there was little new to be said about American federalism, then you are in for quite a surprise. Michael Greve's The Upside-Down Constitution will force you to rethink almost everything you thought you knew about "Our Federalism." This fascinating, complex, and sometimes dense book defies easy categorization. Most jarringly, Greve is a fervent advocate of federalism who cannot hide his contempt for state governments, which he describes not just as faction-ridden rent-seekers but even as "stationary bandits." He is a conservative who offers a compelling critique of originalism, attacks the federalism jurisprudence of Justices Scalia and Thomas, and suggests that judicial efforts to limit congressional power under the commerce clause are doomed to fail. That his book has drawn praise not just from conservative icons like George Will, Richard Epstein, and Theodore Olsen, but from liberal law professors such as Jack Balkin and Sanford Levinson is a good indication that this is no run-ofthe-mill legal or political analysis. Although Greve can be a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Forum de Gruyter

The Upside-Down Constitution

The Forum , Volume 11 (1) – May 1, 2013

Loading next page...
 
/lp/de-gruyter/the-upside-down-constitution-L5oSOl75ax

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
de Gruyter
Copyright
Copyright © 2013 by the
ISSN
2194-6183
eISSN
1540-8884
DOI
10.1515/forum-2013-0026
Publisher site
See Article on Publisher Site

Abstract

DOI 10.1515/forum-2013-0026The Forum 2013; 11(1): 77­92 Book review Michael Greve, The Upside-Down Constitution (Cambridge: Harvard University Press, 2012, ISBN 978-0674061910, Price: $39.95) Reviewed by R. Shep Melnick Boston College melnicrs@bc.edu If, like me, you thought there was little new to be said about American federalism, then you are in for quite a surprise. Michael Greve's The Upside-Down Constitution will force you to rethink almost everything you thought you knew about "Our Federalism." This fascinating, complex, and sometimes dense book defies easy categorization. Most jarringly, Greve is a fervent advocate of federalism who cannot hide his contempt for state governments, which he describes not just as faction-ridden rent-seekers but even as "stationary bandits." He is a conservative who offers a compelling critique of originalism, attacks the federalism jurisprudence of Justices Scalia and Thomas, and suggests that judicial efforts to limit congressional power under the commerce clause are doomed to fail. That his book has drawn praise not just from conservative icons like George Will, Richard Epstein, and Theodore Olsen, but from liberal law professors such as Jack Balkin and Sanford Levinson is a good indication that this is no run-ofthe-mill legal or political analysis. Although Greve can be a

Journal

The Forumde Gruyter

Published: May 1, 2013

There are no references for this article.