Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Dworkin's Perfectionism, Linda C. Mcclain, James E. Fleming
Dworkin's Perfectionism, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
In this essay, we shall interpret Dworkin's constitutional theory in light of three varieties of perfectionism: (1) the idea that government should undertake a formative project of inculcating civic virtues and encouraging responsibility in the exercise of rights; (2) the idea that we should interpret the American Constitution so as to make it the best it can be; and (3) the idea that we should defend a Constitution-perfecting theory that would secure not only procedural liberties essential for democratic self-government but also substantive liberties essential for personal self-government. We shall identify three gaps left by Dworkin's work and sketch how …
Is It Time To Rewrite The Constitution? Fidelity To Our Imperfect Constitution, James E. Fleming
Is It Time To Rewrite The Constitution? Fidelity To Our Imperfect Constitution, James E. Fleming
Faculty Scholarship
This essay considers arguments that the U.S. Constitution is so imperfect — and the constitutional and political system so dysfunctional or otherwise failing — that it is time to rewrite the Constitution through amendment or constitutional convention. I argue that if we adopt and maintain an attitude of fidelity to our imperfect Constitution, it may be unnecessary to formally amend the Constitution unless there is good reason to believe that something better might come out of this process. The better approach is to maintain an attitude of fidelity to the imperfect Constitution and to apply a Constitution-perfecting theory — to …