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The Partial Constitution


American constitutional law is at a crossroads. As it is currently interpreted, the Constitution is partial, Sunstein asserts. It is, first of all, biased. Contemporary constitutional law treats the status quo as neutral and just, and any departure as necessarily partisan. But when the status quo is neither neutral nor just, Sunstein argues, reasoning of this sort produces injustice. The Constitution is partial in another sense: its meaning has come to be identified solely with the decisions of the Supreme Court. This was ...

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The Partial Constitution
1993, Harvard University Press, Cambridge, MA

ISBN-13: 9780674654785


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