The Court, or the Constitution?

in Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (Cambridge University Press), Forthcoming

14 Pages Posted: 6 Jun 2017  

William Baude

University of Chicago - Law School

Date Written: May 31, 2017

Abstract

Two of the great recurring questions in constitutional law are the authority of the Supreme Court and the proper method for interpreting the Constitution. Larry Alexander has, of course, written important work on both questions. And on each he takes a hard-nosed but somewhat unfashionable position: He maintains that the Supreme Court has supreme interpretive authority to which others should defer, and also that the Constitution is controlled by its original meaning. But one of these positions is, and must be, wrong.

Keywords: judicial supremacy, originalism, Supreme Court, Constitution, Larry Alexander, positivism, formalism, law, bottom turtle

Suggested Citation

Baude, William, The Court, or the Constitution? (May 31, 2017). in Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander (Cambridge University Press), Forthcoming. Available at SSRN: https://ssrn.com/abstract=2978208 or http://dx.doi.org/10.2139/ssrn.2978208

William Baude (Contact Author)

University of Chicago - Law School ( email )

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

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