Is American Progressive Constitutionalism dead ... yet? I propose to seek the beginnings of an answer to this question in the pages of a recent decision by the United States Supreme Court. I do feel obliged to say this, not because I am committed to a court-centered adjudicative conception of American constitutionalism; to the contrary. But rather, because the decision on which I want to focus seems to me to offer a rich resource for critical reflection on the idea of self-government whose connections to Progressive Constitutionalism give us our topic this afternoon.
Civil Rights and Discrimination | Constitutional Law | Fourteenth Amendment | Law | Sexuality and the Law
The Supreme Court, Sexual Citizenship and the Idea of Progress,
Widener L. Symp. J.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2175