Overview

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, ""free-market"" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

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9781503603226

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Reviews

Uncompromisingly critical, Franks challenges both liberal and conservative views of the Bill of Rights in the name of equality. Rights that don't work for the least of us will ultimately work to preserve the privileges of the most powerful; agree or disagree with Franks's conclusions, her arguments require attention. -- Rebecca Tushnet * arvard Law School * The Cult of the Constitution shows how gun violence, racism, and misogyny are linked by a 'fundamentalist' interpretation of First and Second Amendment rights. Like all fundamentalism, this one tends to reinforce the interests of the powerful and to perpetuate inequality. It doesn't have to be this way. At this moment of #MeToo, #BlackLivesMatter, and #NeverAgain, Mary Anne Franks' book is a necessary reassessment of constitutional orthodoxy. A powerful must-read. --Tamara Piety, author of Brandishing the First Amendment: Commercial Speech in America

Author Information

Mary Anne Franks is Professor of Law at the University of Miami School of Law and President and Legislative & Tech Policy Director at the Cyber Civil Rights Initiative (CCRI). Franks' writing and research have been featured in Time, The New Yorker, The Atlantic, and The Guardian, among other outlets.

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