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Academic

: Essentially Contested America

Who?s Afraid of the Shadow Constitution?

By Robert Justin Lipkin

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There is a tendency in constitutional scholarship to posit the existence of a shadow constitution lurking behind the written constitution. Sometimes the shadow constitution refers to natural law. In other cases, the shadow constitution consists of presuppositions, postulates, or axioms which give the United States Constitution meaning or provide the necessary elements in constitutional reasoning. [...]

Full post as published by Essentially Contested America on December 05, 2008 (boomark / email).

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