Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 47
... understanding the way in which law works requires starting with the proposition that language works .... It is thus worthwhile to note that the Constitution is , even if nothing else , a use of language . By virtue of being able to ...
... understanding the way in which law works requires starting with the proposition that language works .... It is thus worthwhile to note that the Constitution is , even if nothing else , a use of language . By virtue of being able to ...
Page 104
... understanding of the " higher law " may be even more elusive than that of more specific constitutional language . [ 16 ] Sherry , The Founders ' Unwritten Constitution , 54 U. CHI . L. REV . 1127 , 1145-46 ( 1987 ) . [ 17 ] See id ...
... understanding of the " higher law " may be even more elusive than that of more specific constitutional language . [ 16 ] Sherry , The Founders ' Unwritten Constitution , 54 U. CHI . L. REV . 1127 , 1145-46 ( 1987 ) . [ 17 ] See id ...
Page 186
... understanding in numerous substantive areas in order to provide constitutional law with stability and continuity . Professor Michael Gerhardt of the Marshall - Wythe School of Law at the College of William and Mary argues that the ...
... understanding in numerous substantive areas in order to provide constitutional law with stability and continuity . Professor Michael Gerhardt of the Marshall - Wythe School of Law at the College of William and Mary argues that the ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |