Constructing a New American Constitution

Publication Year
2010

Type

Journal Article
Abstract

The distinction between constitutional interpretation and constitutional construction has been taken up in various places in constitutional and legal scholarship. In this article, I reintroduce the concept of constitutional construction and its potential uses, consider the extent to which courts might engage in constitutional construction, and examine whether the process of constitutional construction is avoidable or excludable with a sufficiently refined theory of constitutional interpretation.

Journal
Constitutional Commentary
Volume
27
Issue
1
Pages
119-137