The Classical Constitution and the Historical Constitution: Separated at Birth

16 Pages Posted: 24 Oct 2014  

Suzanna Sherry

Vanderbilt University - Law School

Date Written: October 23, 2014

Abstract

As part of symposium on Richard Epstein’s new book, The Classical Liberal Constitution, this article points out that his purportedly historical approach is actually present-oriented, which undermines two particular parts of his analysis. First, his discussion of judicial review mischaracterizes both judicial review itself and its history. Second, his discussion of abortion restrictions as valid exercises of the police power ignores the historical evidence. That evidence demonstrates that abortion restrictions were enacted for exactly the sort of wealth-transferring, monopoly-creating reasons that he finds unconstitutional in other contexts.

Suggested Citation

Sherry, Suzanna, The Classical Constitution and the Historical Constitution: Separated at Birth (October 23, 2014). 8 NYU Journal of Law & Liberty 983 (2014); Vanderbilt Public Law Working Paper No. 14-35. Available at SSRN: https://ssrn.com/abstract=2511033

Suzanna Sherry (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-322-0993 (Phone)

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