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Full-Text Articles in Law

The Founders' Unwritten Constitution, Suzanna Sherry Jan 1987

The Founders' Unwritten Constitution, Suzanna Sherry

Vanderbilt Law School Faculty Publications

In seeking to understand and interpret our written Constitution, judges and scholars have often focused on two related issues: how did the founding generation understand the Constitution they created, and to what extent should that understanding be relevant to modern constitutional interpretation? This article will address the first of these questions, but in a manner that profoundly affects the second question as well. I will suggest that the founding generation did not intend their new Constitution to be the sole source of paramount or higher law, but instead envisioned multiple sources of fundamental law. The framers thus intended courts to ...


Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White Jan 1987

Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White

Other Publications

The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of ...


A Comment On Democratic Constitutionalism, Robert F. Nagel Jan 1987

A Comment On Democratic Constitutionalism, Robert F. Nagel

Articles

No abstract provided.


Rationalism In Constitutional Law, Robert F. Nagel Jan 1987

Rationalism In Constitutional Law, Robert F. Nagel

Articles

No abstract provided.


Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant Jan 1987

Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.


Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag Jan 1987

Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag

Articles

No abstract provided.