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Glory Days: Popular Constitutionalism, Nostalgia, And The True Nature Of Constitutional Culture, Doni Gewirtzman
Glory Days: Popular Constitutionalism, Nostalgia, And The True Nature Of Constitutional Culture, Doni Gewirtzman
Articles & Chapters
This article uses political science data on participation, knowledge, and popular sentiments about the political process to critique different strands of popular constitutionalism, a recent movement in constitutional theory that highlights the People's role in the development of interpretive norms. It argues that popular constitutionalists have not paid sufficient attention to the increasingly distant relationship between the people and political life, resulting in an interpretive model that is often unable to realize its normative goals and rests on some weak descriptive premises. It also suggests that the existence of high levels of civic engagement during the 1960s - a formative …
Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen
Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen
Articles & Chapters
No abstract provided.
If I Implore You And Order You To Set Me Free, Robert Blecker
If I Implore You And Order You To Set Me Free, Robert Blecker
Articles & Chapters
When Odysseus ordered his men to put wax in their ears, bind him to the mast and keep rowing until they passed the Sirens, no matter what he might later command, and then, in the throes of passion, attempted to countermand his earlier command, there, then, Constitutionalism was born in the West. We are perpetually challenged at rational moments to keep future passions in check, so when the future becomes the present, we can survive it without regret.
This brief essay summarily employs the metaphor to account for constitutional rights, long and fixed senatorial terms, life-time judicial tenure, judicial review, …