It is somewhat ironic that Cass Sunstein is defending Barack Obama against accusations that he supports a constitutional mandate for economic redistribution, as Sunstein himself has embraced this position. Indeed, he wrote a whole book about it, The Second Bill of Rights: FDR’s Unfinished Revolution and Why We Need It More than Ever, endorsing Roosevelts vision for the adoption of various positive rights and suggesting that such rights could “migrate” into the Constitution with sufficient public support. For more, see Tom Palmer’s review for NRODT here.