I like lists and some rankings. This list from Leiter Reports: Law Philosophy Blog (“Most cited books on American constitutional law since WWII (according to Google Scholar)”) got my attention. The top 10:
- John Hart Ely, Democracy and Distrust, 12,000
- Alexander Bickel, The Least Dangerous Branch, 8,700
- Bruce Ackerman, We the People, 4,200
- Ronald Dworkin, Freedom’s Law: The Moral Reading of the Constitution, 3,200
- Mark Tushnet, Taking the Constitution Away from the Courts, 3,100
- Larry Kramer, The People Themselves, 2,700
- Akhil Amar, The Bill of Rights, 2,400
- Michael Klarman, From Jim Crow to Civil Rights: the Supreme Court and the Struggle for Racial Equality, 2,400
- Cass Sunstein, One Case at a Time, 2,000
- Cass Sunstein, The Partial Constitution, 1,900
I would have guessed the top 2. And the next 8 do not surprise me. It is striking that there are no female authors in the top 10 (or top 20). On another note, it would be an understatement to say that constitutional law is especially topical today. Expect the citations of these leading constitutional law books to go up.




