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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
The Forum – de Gruyter
Published: May 1, 2013
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