Document Type
Article
Publication Date
1981
Abstract
Professor Monaghan takes issue with "due substance" theorists, who view the Constitution as protecting rights and values generated by current conceptions of political morality. In this Article, he examines and criticizes the theories advanced to justify looking to those current conceptions as an acceptable mode of reasoning about constitutional meaning. Professor Monaghan's own view is that the proper mode of ascertaining constitutional meaning is one that looks to original intent and precedent, a view that acknowledges the Constitution does not guarantee perfect government.
Disciplines
Constitutional Law | Law
Recommended Citation
Henry P. Monaghan,
Our Perfect Constitution,
56
N.Y.U. L. Rev.
353
(1981).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/778