Zombie Federalism

6 Pages Posted: 2 Apr 2014 Last revised: 17 May 2014

William Baude

University of Chicago - Law School

Date Written: April 1, 2014

Abstract

The most natural question to ask about zombies and constitutional law is whether zombies are persons within the meaning of the Constitution. But that question turns out to be remarkably difficult. The word "person" appears repeatedly throughout the Constitution, but without any clues about whether it extends to zombies.

What’s the best constitutional solution to this problem? Zombie Federalism. The Constitution does not resolve the question of zombie personhood, so we should understand it to leave that question to state law.

Keywords: Zombies, Brains

Suggested Citation

Baude, William, Zombie Federalism (April 1, 2014). U of Chicago, Public Law Working Paper No. 475. Available at SSRN: https://ssrn.com/abstract=2419065 or http://dx.doi.org/10.2139/ssrn.2419065

William Baude (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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