Constitutional Theory is Good for Nothing?

[RJLipkin at aol.com]

Mark might indeed be  right.  But take just one example: the levels of 
generality question in  constitutional analysis. For me this is an intriguing 
theoretical issue and  directly relevant to many cases such as Bowers and Michael H. 
 Now this point means little if one doesn't regard the levels of generality  
question a theoretical issue or if there exist no (or few) other such issues  
that find their place in constitutional adjudication.  But unsurprisingly I  
think both claims are wrong, though I obviously cannot demonstrate that  here.
 
Bobby
 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware
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