This guide offers unique insights into the observe of democratic constitutionalism in one of the world’s most legally and politically vital areas. At this time, perhaps partially as a result of rights revolution” of the Warren Courtroom, my era typically views the Invoice of Rights and part 1 of the Fourteenth Amendment as bulwarks of particular person freedom, central and indispensable to our constitutional order.
It may well be, as Coan suggests, that one of the best overall method to deciding constitutional instances is one which (a) begins with an understanding of the large-image objectives of constitutional adjudication, (b) selects the choice-making methodology that best accords with this understanding, and (c) applies that method to succeed in case-particular results.
There isn’t any doubt that Uncivil Obedience performs a useful perform, one that’s increasingly in style, even fashionable, within the authorized literature: that of identifying and taxonomizing a typical however incessantly under-remarked social, authorized, and/or political phenomenon with necessary implications for law.
Other Georgetown Law scholarship addresses more concrete questions, such as the scope of the First Amendment’s safety of non secular liberty, constitutional questions raised by put up Sep 11 surveillance, and the scope of Congress’s power underneath the Commerce Clause.