Reckoning with Dissonance: Thoughts on State Constitutional Law and Constitutional Discourse
10 Pages Posted: 1 Mar 2006
This is an essay about constitutional law and its relevance to constitutional discourse about individual rights - to the continuing discussion among judges, lawyers, and commentators about the meaning of our constitutional commitments to such values as due process and equal protection of the laws. I place constitutional discourse about individual rights, and the contributions to that discourse that can be made by state constitutional decisions, within the context of constitutional law as a search for order - for a resolution to a conflict about what a constitutional provision signifies in respect to specific facts, and the extent to which that resolution is sufficient to allow us to go about our days with some greater understanding of the limits that the state can impose on our actions.
Keywords: state constitutional law, constitutional discourse
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