Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
"The most illuminating reconsideration of natural rights jurisprudence produced in many years."--Gary J. Jacobsohn, American Political Science Review "Arkes brilliantly reexamines the jurisprudence of natural rights... He deftly chews up and spits out Ely, Dworkin, and Tribe with erudition, vision, and a witty style. His ideas are highly controversial, stimulating, and often very attractive. They are full of common sense. This is a beautifully written book, full of flashes of insight, sometimes provoking thunderous laughter."--Appellate Practice Journal