Comments on Michel Rosenfeld’s The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community
First let me say how flattered I am to be included among such distinguished commentators and how much I enjoyed and learned from reading Professor Rosenfeld's book. I begin my comments with a critique of Professor Rosenfeld's conception of what equality requires in U.S. constitutional law. I recognize that his views on equality are somewhat peripheral to the overarching themes and claims of the book. However, this critique allows me to suggest an alternative conception of equality that accords better, I think, with Rosenfeld's ideas about global constitutionalism, in particular his emphasis on the need to accommodate both the universal and the particular. I will end my comments by showing how the other key contribution of the book-the constitutional models-helped me to better understand U.S. constitutional law related to equal protection.