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The Pathological Perspective And The First Amendment, Vincent A. Blasi
The Pathological Perspective And The First Amendment, Vincent A. Blasi
Faculty Scholarship
Constitutions are designed to control, or at least influence, future events – political events, adjudicative events, to some extent even interactions between private parties. Yet the future is unknowable, largely unpredictable, and inevitably variable. At any moment there exists a short-run future, a long-run future, and a future in between. The future is virtually certain to contain some progress, some regression, some stability, some volatility. How is a constitution supposed to operate upon this vast panoply?
That is a question that ought to loom large in the deliberations of persons who propose and ratify new constitutions and new constitutional amendments. …