The classical portrait of legal fidelity emphasizes that interpreters should sharply distinguish between their own judgments about morality or public policy, and their judgments about what the law requires. An instrumental approach to legal reasoning violates this basic obligation. This article argues that one of the constitutional heroes most exalted by constitutional theorists, Frederick Douglass, explicitly advocated the instrumental approach to interpretation that the classical concept of fidelity warns against. The implication of this argument is either that Douglass is not a constitutional hero, or that constitutional fidelity is not necessary for constitutional heroes. The argument that constitutional heroism does not require citizen...
[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger whe...
In this article, Clarence Manion warns that to honor the Constitution\u27s form but not its substanc...
Most legal scholars and elected officials embrace the popular clich6 that the Constitution is not a...
The classical portrait of legal fidelity emphasizes that interpreters should sharply distinguish bet...
Constitutional scholars incessantly grapple over the significance of the Constitution’s original mea...
This Article draws on Black American intellectual history to offer an approach to fundamental questi...
This Article argues that three influential schools of originalism, which we might label libertarian,...
In recent years, some have asked Are we all originalists now? and many have assumed that originali...
What is the question of fidelity a question about? The topic of our Symposium, Fidelity in Constitu...
Readings of the Constitution have changed. Sometimes they have changed because the constitutional te...
American constitutional law is dominated by four Constitutional Personae, who can be identified by t...
Article proposing, with reference to established legal scholarship on the topic, a new way to read t...
The concepts of good faith and bad faith play a central role in many areas of private law and intern...
In thinking about fidelity and change in constitutional interpretation, many have framed the basic c...
Proper constitutional interpretation takes both text and past practice as its object: Lawyers and ju...
[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger whe...
In this article, Clarence Manion warns that to honor the Constitution\u27s form but not its substanc...
Most legal scholars and elected officials embrace the popular clich6 that the Constitution is not a...
The classical portrait of legal fidelity emphasizes that interpreters should sharply distinguish bet...
Constitutional scholars incessantly grapple over the significance of the Constitution’s original mea...
This Article draws on Black American intellectual history to offer an approach to fundamental questi...
This Article argues that three influential schools of originalism, which we might label libertarian,...
In recent years, some have asked Are we all originalists now? and many have assumed that originali...
What is the question of fidelity a question about? The topic of our Symposium, Fidelity in Constitu...
Readings of the Constitution have changed. Sometimes they have changed because the constitutional te...
American constitutional law is dominated by four Constitutional Personae, who can be identified by t...
Article proposing, with reference to established legal scholarship on the topic, a new way to read t...
The concepts of good faith and bad faith play a central role in many areas of private law and intern...
In thinking about fidelity and change in constitutional interpretation, many have framed the basic c...
Proper constitutional interpretation takes both text and past practice as its object: Lawyers and ju...
[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger whe...
In this article, Clarence Manion warns that to honor the Constitution\u27s form but not its substanc...
Most legal scholars and elected officials embrace the popular clich6 that the Constitution is not a...