The Legal Theory Bookworm recommends A Republic of Statutes: The New American Constitution by William N. Eskridge Jr & John Ferejohn. Here is a description:
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William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
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"This breakthrough book marks a decisive turn in American constitutional thought – away from ancestor worship, toward a realistic understanding of how real-world Americans make and remake their fundamental law."—Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University
“Why does our public law obsess about the Constitution, when so many of our most fundamental national commitments are embodied in subconstitutional law? In this illuminating and stimulating volume, a distinguished political scientist and a gifted public lawyer unravel that question. Eskridge and Ferejohn''s redefining study shows how ''administrative constitutionalism''—agency elaboration of superstatutes, treaties, agreements, and state statutory regimes—both invites a ''deliberation-respecting'' role for U.S. courts and ends up shaping America''s national character.”—Harold Hongju Koh, The Legal Adviser, U.S. Department of State; Martin R. Flug Professor of International Law, Yale Law School
