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"it becomes increasingly difficult to contend with a straight face that constitutional law is not simply politics by other means"
But is this conviction in itself not wrong and naive - isn't justice in any case, and at least to a certain degree, an extension of politics? It might be more blatantly obvious in international law, but even in domestic cases, law is never fully separate from politics. Anything else is legalism.
That reminds me: Andrew, are you familiar with Judith Shklar's "Legalism"? It is a bit of an underappreciated classic Sam Moyn wrote about very articulately, if only from the perspective of international law (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148437). I highly suggest a read.

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