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Full-Text Articles in Legal History
Is Law? Constitutional Crisis And Existential Anxiety, Alice G. Ristroph
Is Law? Constitutional Crisis And Existential Anxiety, Alice G. Ristroph
Georgetown Law Faculty Publications and Other Works
In the recurring discussions of constitutional crises, one may find three forms of existential anxiety. The first, and most fleeting, is an anxiety about the continued existence of the nation. A second form of anxiety—to my mind, the most interesting form—is an anxiety about the possibility of the rule of law itself. Third, and most solipsistically, references to crisis in constitutional law scholarship could be the product of a kind of professional anxiety in the legal academy. We may be asking ourselves, “Constitutional theory: what is it good for?” and worrying that the answer is, “Absolutely nothing.” And yet, I …
The Authoritarian Impulse In Constitutional Law, Robin West
The Authoritarian Impulse In Constitutional Law, Robin West
Georgetown Law Faculty Publications and Other Works
Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …