Location of Repository

BEYOND PRESENTISM: A COMMENT ON STUART CHINN’S RACE, THE SUPREME COURT, AND THE JUDICIAL INSTITUTIONAL INTEREST IN STABILITY

By Bruce Ackerman

Abstract

The spirit of presentism haunts constitutional scholarship. The key debate tries to identify those aspects of present-day realities which drive constitutional change – a shift in social mores, the rise of social movements, a change in party balance, or simply the death and replacement of justices. Chinn moves beyond presentism, without disputing its undoubted importance. For him, the Court’s work also represents an ongoing and self-conscious effort to synthesize past principles into a constitutional order that makes sense to Americans of the present and future

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2011
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-5873
Download PDF:
Sorry, we are unable to provide the full text but you may find it at the following location(s):
  • http://digitalcommons.law.yale... (external link)
  • http://digitalcommons.law.yale... (external link)
  • Suggested articles


    To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.