Document Type

Article

Publication Date

1981

Abstract

Projessor Monaghan takes issue with "due substance" theorists, who rietr the Constitution as protecting rights and values generated by current conceptions of political morality. In this Article, he examines and criticizes the theories adcanced to justify looking to those current conceptions as an acceptable mode of reasoning about constitutional meaning. Professor Afonaghan's own clew 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.

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