Pub Date : 2020-12-31DOI: 10.1215/9780822396055-002
P. Campos
What did Judge Ginsburg promise the assembled multitudes? That she would judge rather than legislate; that her views on all matters pertaining to the meaning of the Constitution would not affect her views concerning the Constitution's meaning; that this paradoxical task was not only possible but indeed a sacred trust best illustrated by the restrained judicial activism manifested in the constitutional jurisprudence of that Nietzchian Christian, or pacific warrior, Oliver Wendell Holmes, and that she was not liberal nor conservative but would be both or neither, as her oath of service to the law required. What reaction did these promises elicit? Universal cries of hallelujah, unto us a judge is given. Is it possible to enumerate the sources of this splendid unanimity? Such sources included, but were not limited to, the judge's gender, which elicited from that mostly male consortium a chivalrous reserve reminiscent of bygone days of errantry; the stillfresh recollection of similar proceedings involving ~hen-Judge now-Justice Clarence Thomas and then-Professor now-Saint Anita Hill, and the concomitant unhappiness which resulted from that less than optimal display of what might charitably be characterized as the tangled passions of a human heart, and the feminine reticence or even revulsion with which that display was
{"title":"A Heterodox Catechism","authors":"P. Campos","doi":"10.1215/9780822396055-002","DOIUrl":"https://doi.org/10.1215/9780822396055-002","url":null,"abstract":"What did Judge Ginsburg promise the assembled multitudes? That she would judge rather than legislate; that her views on all matters pertaining to the meaning of the Constitution would not affect her views concerning the Constitution's meaning; that this paradoxical task was not only possible but indeed a sacred trust best illustrated by the restrained judicial activism manifested in the constitutional jurisprudence of that Nietzchian Christian, or pacific warrior, Oliver Wendell Holmes, and that she was not liberal nor conservative but would be both or neither, as her oath of service to the law required. What reaction did these promises elicit? Universal cries of hallelujah, unto us a judge is given. Is it possible to enumerate the sources of this splendid unanimity? Such sources included, but were not limited to, the judge's gender, which elicited from that mostly male consortium a chivalrous reserve reminiscent of bygone days of errantry; the stillfresh recollection of similar proceedings involving ~hen-Judge now-Justice Clarence Thomas and then-Professor now-Saint Anita Hill, and the concomitant unhappiness which resulted from that less than optimal display of what might charitably be characterized as the tangled passions of a human heart, and the feminine reticence or even revulsion with which that display was","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123158160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1215/9780822396055-006
P. Campos
Nobody can agree on what the Constitution means. Some argue that it prohibits states from banning abortions,' while others claim that it says nothing about abortion,2 or that it prohibits abortion.' It is claimed that the Constitution abolishes the death penalty,4 and that it specifically authorizes the death penalty;' that it bans segregated schools6 and is indifferent to segregation;7 that it requires that we exempt religious believers from laws that burden the practice of their religion," and that it prohibits governments from granting such exemptions;9 that it eliminates the possibility of a thirty-one year-old president,' 0 and that it welcomes this possibility." Such examples, of course, could be greatly multiplied. " Two beliefs about this perplexing document do not appear controversial. All commentators seem to agree that the Constitution is a text, and that understanding it is primarily a matter of deploying the proper theory of textual interpretation. ' The purpose of this article is to demonstrate that those beliefs are largely mistaken. I am aware that readers of this text will consider such a claim highly counterintuitive, and perhaps
{"title":"Against Constitutional Theory","authors":"P. Campos","doi":"10.1215/9780822396055-006","DOIUrl":"https://doi.org/10.1215/9780822396055-006","url":null,"abstract":"Nobody can agree on what the Constitution means. Some argue that it prohibits states from banning abortions,' while others claim that it says nothing about abortion,2 or that it prohibits abortion.' It is claimed that the Constitution abolishes the death penalty,4 and that it specifically authorizes the death penalty;' that it bans segregated schools6 and is indifferent to segregation;7 that it requires that we exempt religious believers from laws that burden the practice of their religion,\" and that it prohibits governments from granting such exemptions;9 that it eliminates the possibility of a thirty-one year-old president,' 0 and that it welcomes this possibility.\" Such examples, of course, could be greatly multiplied. \" Two beliefs about this perplexing document do not appear controversial. All commentators seem to agree that the Constitution is a text, and that understanding it is primarily a matter of deploying the proper theory of textual interpretation. ' The purpose of this article is to demonstrate that those beliefs are largely mistaken. I am aware that readers of this text will consider such a claim highly counterintuitive, and perhaps","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128461547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1515/9780822396055-002
{"title":"Acknowledgments","authors":"","doi":"10.1515/9780822396055-002","DOIUrl":"https://doi.org/10.1515/9780822396055-002","url":null,"abstract":"","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131513138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1515/9780822396055-015
{"title":"Index","authors":"","doi":"10.1515/9780822396055-015","DOIUrl":"https://doi.org/10.1515/9780822396055-015","url":null,"abstract":"","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"316 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123206889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-31DOI: 10.1515/9780822396055-fm
{"title":"Frontmatter","authors":"","doi":"10.1515/9780822396055-fm","DOIUrl":"https://doi.org/10.1515/9780822396055-fm","url":null,"abstract":"","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130009202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1525/9780520940642-006
{"title":"Methodological Appendix: Fieldwork in Two Provinces","authors":"","doi":"10.1525/9780520940642-006","DOIUrl":"https://doi.org/10.1525/9780520940642-006","url":null,"abstract":"","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"39 23","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113957860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1525/9780520940642-fm
{"title":"Frontmatter","authors":"","doi":"10.1525/9780520940642-fm","DOIUrl":"https://doi.org/10.1525/9780520940642-fm","url":null,"abstract":"","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134057343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-31DOI: 10.1525/9780520940642-003
{"title":"Part 2. Rustbelt Protests of Desperation","authors":"","doi":"10.1525/9780520940642-003","DOIUrl":"https://doi.org/10.1525/9780520940642-003","url":null,"abstract":"","PeriodicalId":272848,"journal":{"name":"Against the Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128927275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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