Reply: The Will of the People and the Process of Constitutional Change

24 Pages Posted: 23 Jul 2010

See all articles by Barry Friedman

Barry Friedman

New York University School of Law

Date Written: July 23, 2010

Abstract

This is a Reply for a symposium by the George Washington Law Review regarding The Will of the People: How Public Opinion Influences the Supreme Court and Shapes the Meaning of the Constitution. It takes up the question of constitutional change, clarifying what we know about the process and raising questions about what we don’t know. Constitutional change is a relentless process in which social movements play a large role, and much is motivated by the backlash to Supreme Court decisions. Change can be both ordinary and small, or take place in dramatic steps. Even improbable meanings of the constitutional text become law when accepted by large portions of the body politic.

Suggested Citation

Friedman, Barry, Reply: The Will of the People and the Process of Constitutional Change (July 23, 2010). George Washington Law Review, Forthcoming; NYU School of Law, Public Law Research Paper No. 10-41. Available at SSRN: https://ssrn.com/abstract=1647728

Barry Friedman (Contact Author)

New York University School of Law ( email )

40 Washington Square South
Room 317
New York, NY 10012-1099
United States
212-998-6293 (Phone)
212-995-4030 (Fax)

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