Ezra's Bookshelf

Cult of the Constitution

by Mary Anne Franks  · 272 pages · ~5 hrs

Law & JusticePolitics & Government

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Mary Anne Franks, a University of Miami law professor who has worked on cyber civil rights and reproductive justice, examines how both conservative and liberal constitutional interpretation in America serves to maintain white male supremacy. Franks argues that 'constitutional fundamentalism'--the selective, self-serving reading of constitutional text that treats preferred interpretations as sacred truth--operates on both the right and the left. On the right, she examines how Second Amendment absolutism and expansive readings of religious freedom protect white male interests while claiming neutrality. On the left, she shows how First Amendment absolutism, particularly around pornography and online speech, has shielded harassment and exploitation of women and minorities. The book traces how these interpretive moves erase the Reconstruction Amendments' commitment to equality while elevating constitutional provisions that protected slaveholders' interests. Franks challenges readers across the political spectrum to recognize how their favored constitutional interpretations may perpetuate rather than challenge existing hierarchies. Drawing on her experience advocating for revenge porn laws and other protections against online abuse, she demonstrates the real-world consequences of constitutional fundamentalism. The book calls for a constitutional interpretation that takes seriously the promises of equality and equal protection rather than treating the Constitution as a weapon to defend existing power arrangements.

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