Document Type
Article
Publication Date
2014
Abstract
In the stories told by opinion makers and many law professors, American constitutional law is concerned with two things—individual rights and the powers of government—and it is settled by the Court, which was established by Article III of our national Constitution. In those now-familiar tales, the United States Supreme Court creates constitutional law when heroic individuals assert their fundamental rights against an overreaching state and when Congress, state legislatures, and executive agencies are called upon to justify their expert enactments to an overreaching judiciary. To settle these constitutional disputes the Court looks either to the text of the written Constitution or to a Living Constitution, which looks something like the textual Constitution plus Justice Kennedy’s morning prandial consumption.
Recommended Citation
Adam J. MacLeod, Universities as Constitutional Lawmakers, 17 U. Pa. L. Rev. Online 1 (2014).
