Constitutional questions

1. Is there a single set of identifiable and determinate principles that animate the U.S. Constitution (or Great Britain’s unwritten constitution, for that matter)? If so, what are they?

2. What is the role of State and federal courts, if any, in policing compliance with the Constitution’s structural limitations? (Yes, this is a trick question, since judges don’t really have the power to arrest the President or members of Congress.)

3. Does the Constitution embody freedom of contract to the degree that Richard Epstein suggests in Chapter 21 of his book “The Classical Liberal Constitution”? What is a “classical liberal” constitution? Were the framers themselves “classical liberals?”

Bonus Question: Do any of the above constitutional questions have a “correct” or determinate answer? How do we test the truth or falsity of the answers to these questions?

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About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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