Mathew D. McCubbins
Forum
Superstatutory Entrenchment: A Positive and Normative Interrogatory
William Eskridge, Jr., and John Ferejohn’s magnum opus on “small ‘c’” constitutionalism and the republic of statutes is an unusually wide-ranging work of legal and political analysis, one that defies comprehensive summary. In this Essay, we bore in on a central element of their thesis: the…