Constitution Day: 'The Image of Liberty'

21 Pages Posted: 1 Oct 2015

Date Written: September 15, 2015


This Constitution Day talk compares the state of constitutional governance today to that of the Roman Empire, as famously discussed by the historian Edward Gibbon, and discusses alternative strategies that might be contemplated by those who believe that current American governance does not conform to the requirements of the historical Constitution.

Keywords: constitutional law, constitutional interpretation, same-sex marriage, separation of powers, legal history

JEL Classification: K10

Suggested Citation

Smith, Steven Douglas, Constitution Day: 'The Image of Liberty' (September 15, 2015). San Diego Legal Studies Paper No. 15-196. Available at SSRN:

Steven Douglas Smith (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-7969 (Phone)
619-260-2492 (Fax)

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