Putting the law back in constitutional law

Sherry addresses whether constitutional law is in crisis. She argues that legal decision making is constrained by precedent, by reason, by institutional structure and context, and by professional norms. Those constraints are not perfect, nor do they eliminate discretion and disagreement. But to the extent that they remain influential, the constraints curb judicial excesses and ensure that constitutional doctrine remains, by and large, governed by the rule of law rather than by the whims of judges. Additionally, she offers three suggestions: (1) Remove constitutional law from the first-year curriculum; (2) Take seriously the task of educating the public, the media, and the courts, and (3) Stop writing about constitutional theory and the perils of judicial review and start focusing on constitutional law.