Should We Have a Liberal Constitution?

Constitutional Commentary, Vol. 27, No. 3, p. 541, Winter 2011

Georgetown Public Law Research Paper No. 12-005

19 Pages Posted: 18 Jan 2012  

Louis Michael Seidman

Georgetown University Law Center

Date Written: December 1, 2011

Abstract

In this brief essay, I attempt to accomplish two things. In Part I, I defend my proposed constitution against its putative liberal critics. In Part II, I argue that given contingent but highly plausible empirical assumptions, the differences between my constitution and a liberal constitution are less dramatic than one might suppose. There are often sound, nonliberal grounds for supporting institutional arrangements that appear liberal. It turns out, then, that liberalism is both less attractive (Part I) and less necessary (Part II) than its defenders suppose.

Keywords: constitution, liberal, critical theory, critical legal studies

JEL Classification: K00, K10, K19

Suggested Citation

Seidman, Louis Michael, Should We Have a Liberal Constitution? (December 1, 2011). Constitutional Commentary, Vol. 27, No. 3, p. 541, Winter 2011; Georgetown Public Law Research Paper No. 12-005. Available at SSRN: https://ssrn.com/abstract=1986921

Louis Michael Seidman (Contact Author)

Georgetown University Law Center ( email )

Washington, DC 20057
United States

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