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15 - The Court, or the Constitution?

from Part III - Perplexities in Jurisprudence

Published online by Cambridge University Press:  02 November 2018

Heidi M. Hurd
Affiliation:
University of Illinois
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Summary

Two of the great recurring questions in constitutional law are the authority of the Supreme Court and the proper method for interpreting the Constitution. Larry Alexander has, of course, written important work on both questions. And on each he takes a hard-nosed but somewhat unfashionable position: He maintains that the Supreme Court has supreme interpretive authority to which others should defer, and also that the Constitution is controlled by its original meaning. But one of these positions is, and must be, wrong.
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Moral Puzzles and Legal Perplexities
Essays on the Influence of Larry Alexander
, pp. 260 - 270
Publisher: Cambridge University Press
Print publication year: 2018

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