Browsing by Subject "constitutional interpretation"

Now showing items 1-3 of 3

    • The Constitutional Ratchet Effect 
      Stack, Kevin M. (Cornell Law Review, 2017)
      Christopher Serkin and Nelson Tebbe take an inductive and empirical approach to constitutional interpretation and elaboration. They ask whether attributes of the Constitution justify interpretive exceptionalism--that is, ...
    • The Inference from Authority to Interpretive Method in Constitutional and Statutory Domains 
      Stack, Kevin M. (Cornell Law Review, 2017)
      Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation ...
    • Is the Constitution Special? 
      Serkin, Christopher; Tebbe, Nelson (Cornell Law Review, 2016)
      "[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution ...