The Yale Law Journal

Mathew D. McCubbins


Superstatutory Entrenchment: A Positive and Normative Interrogatory

Mathew D. McCubbins & Daniel B. Rodriguez

William Eskridge, Jr., and John Ferejohn’s magnum opus on “small ‘c’” constitutionalism and the republic of statutes is an unusually wide-ranging work of legal and political analysis, one that defies comprehensive summary. In this Essay, we bore in on a central element of their thesis: the…