Conclusion

Summary

The current constitutional partisanship is bad for courts because it undermines the apolitical commitment to law on which their authority depends. It is bad for the Constitution because it converts protections that should be points of unity into vectors of division. And it is bad for the polity because it risks undermining consensus support for the basic ground rules that a functioning political process requires. To interrupt this trend and forestall these bad outcomes, judges should embrace what this book calls constitutional symmetry.