TABLE OF CONTENTS

PART 1: THE NATURE OF THE ENTERPRISE
1. The Futile Search for Legitimacy
2. The Pointless Flight from Substance
3. The False Equation of Procedural ism with Passivity: A Constitution We Are Amending-and Construing
4. Construing the Sounds of Congressional and Constitutional Silence
PART 2: THE SEPARATION AND DIVISION OF POWERS
5. Silencing the Oracle: Carving Disfavored Rights out of the Jurisdiction of Federal Courts
6. Entrusting Non-Legislative Power to Congress
7. Entrusting Federal Judicial Power to Hybrid Tribunals
8. Choke Holds, Church Subsidies, and Nuclear Meltdowns: Problems of Standing?
9. The Errant Trajectory of State Sovereignty
10. Congressional Action as Context Rather Than Message: The Case of Interstate Bank Mergers
11. Guam's Vanishing Bonds: A Vignette in Taxation without Legislation
PART 3: THE STRUCTURE OF SUBSTANTIVE RIGHTS
12. Compensation, Contract, and Capital: Preserving the Distribution of Wealth
13. Speech as Power: Of Swastikas, Spending, and the Mask of Neutral Principles
14. Dismantling the House That Racism Built: Assessing Affirmative Action
15. Reorienting the Mirror of Justice: Gender, Economics, and the Illusion of the Natural
16. Refocusing the State Action Inquiry: Separating State Acts from State Actors
Epilogue
Notes
Index of Cases
General Index