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2003

Boston University School of Law

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The Missing Selves In Constitutional Self-Government, James E. Fleming Apr 2003

The Missing Selves In Constitutional Self-Government, James E. Fleming

Faculty Scholarship

Both Christopher Eisgruber and Jed Rubenfeld have written important books developing sophisticated theories of constitutional self-government. Eisgruber's Constitutional Self-Government' and Rubenfeld's Freedom and Time: A Theory of Constitutional SelfGovernment2 join issue in significant ways, and therefore a dialogue concerning them should prove illuminating. Rubenfeld says his book and Eisgruber's book are somewhat similar, but very different.' Eisgruber says his book and Rubenfeld's book are fairly similar, yet also somewhat different-and where they differ, they sometimes complement one another, or perhaps supply the deficiencies in the other.4 I say the books are very similar-more similar than either recognizes or concedes-and that …