Constitutional Law
Oct. 16, 2010
Reclaiming Our Constitution
Society must wrest the Constitution from conservative judges who have eroded our rights to liberty and equality. By Erwin Chemerinsky of UCI, School of Law.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The Court's assault on the rights of criminal defendants is another example of political conservatism undermining constitutional protections. The political process cannot and will not safeguard the rights of those accused of crimes. Politicians compete with one another to see who can be tougher on crime; no politician wants to do something to aid criminals and thus give an opponent a sound bite for the next election. Since the Nixon campa...
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