Extra-Judicial Capacity

10 Pages Posted: 23 Nov 2020 Last revised: 12 Apr 2023

See all articles by Miriam Seifter

Miriam Seifter

University of Wisconsin Law School

Date Written: 2020


This short essay, prepared for a symposium on Andy Coan's book Rationing the Constitution, examines how extra-judicial capacity shapes constitutional law. Coan powerfully shows how the limits of judicial capacity shape constitutional doctrine. Complementing his account, I consider how forces outside of courts may do the same. "Constitutional communities" — people who interpret, discuss, and invoke constitutions — appear to be both prerequisites to constitutional function and variables that may shape constitutional meaning. I discuss these points by drawing on state constitutional law.

Suggested Citation

Seifter, Miriam, Extra-Judicial Capacity (2020). 2020 Wisconsin Law Review 385 (2020), Univ. of Wisconsin Legal Studies Research Paper No. 1771, Available at SSRN: https://ssrn.com/abstract=3704995 or http://dx.doi.org/10.2139/ssrn.3704995

Miriam Seifter (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

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