Law Clerks and Constitutional Theory--Seidman's New Book Part 1

We try to sell some books!—Mike’s forthcoming The Constitution Cannot Save Us and Mark’s Who Am I to Judge? Mike describes his book and then we talk about the role of law clerks in writing Supreme Court opinions today because the topic actually gets us to the core disagreement between us, about the failings of constitutional theory and the role of judgment and craft in justifying the power the Court exercises. We don’t resolve our disagreements but maybe listeners will learn something from the disagreement—and of course come to their own conclusions.