Document Type

Article

Publication Date

1999

Center/Program

Center for Gender & Sexuality Law

Center/Program

Center for the Study of Law and Culture

Abstract

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.

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