9 Pages Posted: 23 Nov 2020
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.
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