Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Law As Faith: The Personal And Unconstitutional Journey From Rule Of Law To Law Of Rulism, Stephen Durden
Law As Faith: The Personal And Unconstitutional Journey From Rule Of Law To Law Of Rulism, Stephen Durden
Stephen Durden
With the goal of eliminating personal choice, Scalia, engaging in the quintessential Rulist approach, makes the personal choice to reinterpret the “Rule of Law as the Law of Rules.” Because he applies this approach to remaking the Supreme Law of the Land into the Supreme Rules of the Land, this essay takes to task the Rulist quixotic quest to eliminate personal predilection within constitutional interpretational methodology. This essay seeks to pull back the curtain to demonstrate that (1) Scalia’s rewrite of the words and meaning of the Rule of Law and (2) the ideal of the Law of Rules hide …