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Full-Text Articles in Law

Sacred Visions Of Law, Robert Tsai Jan 2005

Sacred Visions Of Law, Robert Tsai

Articles in Law Reviews & Other Academic Journals

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …


Recovering The Lost Worlds Of America's Written Constitutions, Christian G. Fritz Jan 2005

Recovering The Lost Worlds Of America's Written Constitutions, Christian G. Fritz

Faculty Scholarship

Recovering the Lost Worlds of America's Written Constitutions,' originating as the sixth Brennan Lecture delivered at Oklahoma City University Law School on November 7, 2002, explores the transformation of the right of revolution in the wake of the American Revolution. The significance of displacing the singular sovereign in the person of the king with the collective sovereign of 'the people,' gave rise to constitutional understandings that are at odds with today's constitutionalism that emphasizes the necessity of procedural regularity to effect legitimate constitutional revision. The article explores how 'circumvention' of such procedures was consistent with an earlier concept of the …