Verification Re: your understanding of precedent
SLevinson at MAIL.LAW.UTEXAS.EDU
Wed Jul 19 12:18:20 PDT 2000
I have no trouble agreeing with Tom Grey's caveat to my earlier posting.
The main point, on which I assume that he and totally agree, is that the
term "the Constitution" is an essentially-contested concept, so that bitter
opponents could all be "faithful to the Constitution," in some important
sense (e.g., coming to a suboptimal outcome because of a belief that the
Constitution, correctly interpreted requires it), even if each participant
(wrongly) view his/her opponents as "faithless" because comitted to the
ostensibly wrong theory of Constitution-identity.
More information about the Conlawprof