EPISODE · Feb 5, 2025 · 55 MIN
Back to Theory--Living Constitutionalism and Eclectic Approachs
from Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America · host Mark Tushnet, Louis Michael Seidman
This episode discusses living constitutionalism and what we call eclectic approaches to constitutional interpretation such as Phillip Bobbitt’s “modalities” approach. We argue that such approaches have some virtues—including greater descriptive accuracy than originalism and democracy-focused approaches—but significant weaknesses. We also begin to introduce Tushnet’s “craft” account of constitutional interpretation, to be developed in more detail in later episodes.
What this episode covers
This episode discusses living constitutionalism and what we call eclectic approaches to constitutional interpretation such as Phillip Bobbitt’s “modalities” approach. We argue that such approaches have some virtues—including greater descriptive accuracy than originalism and democracy-focused approaches—but significant weaknesses. We also begin to introduce Tushnet’s “craft” account of constitutional interpretation, to be developed in more detail in later episodes.
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Back to Theory--Living Constitutionalism and Eclectic Approachs
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