Critical Reflections on Seidman\u27s On Constitutional Disobedience

This symposium contribution critically examines Louis Seidman’s book Constitutional Disobedience (2012). Seidman questions whether American constitutionalism really has the positive values commonly attributed to it. He suggests that citizens and legislators should shift away from claims that the Constitution requires or forbids certain governmental choices and toward more straightforward, “all-things-considered” political debate about “how to solve real, modern problems” and “about what will produce the best country.” I argue against Seidman\u27s view that straightforward political talk will be less polarizing and divisive than constitution-invoking discussion. Seidman, I think, might romanticize ordinary political discussion in somewhat the same way that orthodox constitutional theory romanticized the opinions of constitutional courts