The Modalities of Constitutional Argument: A Primer

READINGS IN PERSUASION: BRIEFS THAT CHANGED THE WORLD, Linda Edwards, ed., Wolters Kluwer, 2011

16 Pages Posted: 23 May 2011

See all articles by Ian C. Bartrum

Ian C. Bartrum

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: May 21, 2011

Abstract

This piece is a contribution to Linda Edwards's upcoming book "Readings In Persuasion: Briefs That Changed the World" (forthcoming Wolters Kluwer). In it I offer a short primer on the modalities of constitutional argument, as Philip Bobbitt has described them. As someone who teaches Constitutional Law with the primary goal of educating future practitioners, I have always brought Bobbitt’s very practical (while also very theoretical) work into my classroom discussions. I have regularly used the first chapter of Bobbitt’s "Constitutional Interpretation" as an introductory text on the subject, but I have sometimes found the reading to be too long and/or theoretical for first year students. With this in mind, I hope this primer can be a valuable contribution to the practical literature on constitutional argument.

Keywords: Bobbitt, Modalities, Constitutional Theory, Primer

Suggested Citation

Bartrum, Ian C., The Modalities of Constitutional Argument: A Primer (May 21, 2011). READINGS IN PERSUASION: BRIEFS THAT CHANGED THE WORLD, Linda Edwards, ed., Wolters Kluwer, 2011. Available at SSRN: https://ssrn.com/abstract=1849263

Ian C. Bartrum (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

HOME PAGE: http://https://law.unlv.edu/faculty/ian-bartrum

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