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Stability And Change In Constitutional Law, Robert B. Mckay
Stability And Change In Constitutional Law, Robert B. Mckay
Vanderbilt Law Review
Constitutional law, like other law, is rooted in the conservative tradition of the legal system as a whole and thus more willingly pays court to the muse of history and the force of precedent than to the muse of sociology and the demand for revision. It is therefore not surprising that lawyers read constitutions as law, in the ordinary meaning of that word, and that judges apply constitutional provisions as they do other law...
The Constitution of the United States was not cast in legal mold by accident, but by design that was itself the product of ineluctable history. A …