Abstract

http://ssrn.com/abstract=1779505
 


 



The Constitution Can Do No Wrong


Gerard N. Magliocca


Indiana University Robert H. McKinney School of Law

March 6, 2011

University of Illinois Law Review, Forthcoming

Abstract:     
One theme of Jack Balkin's new book on "Living Originalism" is that constitutional legitimacy is sustained by the belief that the text can be redeemed from incorrect interpretations. The premise behind this "constitutional faith" is that there is a platonic Constitution somewhere, which is suggested by the text’s description of "a more perfect union".

This Symposium Essay probes that infallibility principle and its effect on constitutional theory and practice. There are three robust constraints that flow from viewing the Constitution as perfect. First, some things are just too wrong to be constitutional. Second, some things are just too wrong to have ever been constitutional. Third, some things about the Constitution are just too sensitive to discuss in public.

Number of Pages in PDF File: 23

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Date posted: March 7, 2011 ; Last revised: February 3, 2014

Suggested Citation

Magliocca, Gerard N., The Constitution Can Do No Wrong (March 6, 2011). University of Illinois Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1779505 or http://dx.doi.org/10.2139/ssrn.1779505

Contact Information

Gerard N. Magliocca (Contact Author)
Indiana University Robert H. McKinney School of Law ( email )
530 West New York Street
Indianapolis, IN 46202
United States
317-278-4792 (Phone)

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