The Indivisible Constitution

Constitutional Commentary, Vol. 25, Pg. 321, 2009

U of Penn Law School, Public Law Research Paper No. 09-33

23 Pages Posted: 3 Nov 2009

See all articles by Kermit Roosevelt

Kermit Roosevelt

University of Pennsylvania Law School

Date Written: April 16, 2009

Abstract

In The Invisible Constitution, Laurence Tribe argues that many of our most deeply-held constitutional convictions are not to be found in the words of the Constitution itself. They are, instead, part of what he calls the invisible Constitution. This review essay argues that although that claim is true, it is not worth spending a book on. Moreover, its very truth-the fact that certain “invisible” constitutional propositions are as central and well-established as textual ones-undermines the value of treating the “invisible” Constitution as a qualitatively different entity.

Keywords: The Invisible Constitution, Laurence Tribe, constitutional doctrine, interpretation and theory, beliefs and convictions, popular constitutionalism

Suggested Citation

Roosevelt, Kermit, The Indivisible Constitution (April 16, 2009). Constitutional Commentary, Vol. 25, Pg. 321, 2009, U of Penn Law School, Public Law Research Paper No. 09-33, Available at SSRN: https://ssrn.com/abstract=1498636

Kermit Roosevelt (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215.746.8775 (Phone)

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