A new book edited by Jack Balkin and Reva Siegel collects essays that envision a progressive constitution by 2020. The odd thing about the book is that the editors stipulate that Warren Court-style judicial activism is dead, while still insisting that a progressive constitution in eleven years is possible or even likely. Hence they and their contributors have the formidable task of imagining how a progressive constitution could emerge without judicial involvement or with limited judicial involvement, or even in the teeth of resistance by a right-wing supreme court. The upshot is that some contributors advocate judicial restraint so that...
