The Laws of Science, Constitutional Law, and the Rule of Law

25 Pages Posted: 25 Jun 2016 Last revised: 26 Aug 2016

See all articles by David Hodas

David Hodas

Widener University - Delaware Law School

Date Written: 2016


This article seeks to answer a basic question: Do the Declaration of Independence and the Constitution require lawmakers and judges to adhere to the fundamental laws of science? I think, as you will see, that Thomas Jefferson, John Adams, Benjamin Franklin, and James Madison would unhesitatingly say yes. Can our society and system of government and the rule of law be stable, successful, and just without adherence to the fundamental principles of nature revealed by science? I suggest that our history has shown it cannot be and that this question is as relevant today as when the Constitution was drafted in 1787. This article examines whether governmental decisions that ignore the laws of science and scientific fact are unconstitutional.

Keywords: constitutional law, science, rule of law, climate change, health, fundamental due process, race

JEL Classification: K10

Suggested Citation

Hodas, David, The Laws of Science, Constitutional Law, and the Rule of Law (2016). Widener Law Review, Vol. 22, 2015; Widener University Delaware Law School Legal Studies Research Paper Series No. 16-11. Available at SSRN:

David Hodas (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
302 477 2186 (Phone)

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