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| Book Review | The Journal of American History, 92.4 | The History Cooperative
92.4  
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March, 2006
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Book Review


The People Themselves: Popular Constitutionalism and Judicial Review. By Larry D. Kramer. (New York: Oxford University Press, 2004. xii, 363 pp. $29.95, ISBN 0-19-516918-2.)
Robert Bork could have written this book. As Bork did before him in The Tempting of America (1990), Larry D. Kramer offers a historical argument in The People Themselves for a limited judicial role in constitutional interpretation. There is one notable difference between the two books: the conservative Bork was arguing against the liberal activism of the Warren and Burger courts, whereas the liberal Kramer is arguing against the conservative activism of the Rehnquist court. Indeed, Kramer closed a 2001 Harvard Law Review article about Bush v. Gore that served as a "preliminary version of the history" in his book (p. 249) with a call to arms: "The Supreme Court has made its grab for power. The question is: will we let them get away with it?" . . .
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