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Unfit for DemocracyThe Roberts Court and the Breakdown of American Politics$
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Stephen E. Gottlieb

Print publication date: 2016

Print ISBN-13: 9780814732427

Published to NYU Press Scholarship Online: September 2016

DOI: 10.18574/nyu/9780814732427.001.0001

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Judicial Interpretation for Democracy

Judicial Interpretation for Democracy

(p.238) 10 Judicial Interpretation for Democracy
Unfit for Democracy

Stephen E. Gottlieb

NYU Press

The implications of history and political science for constitutional law run straight into arguments about the proper method of constitutional interpretation. The answer here is simple and direct—there is no such thing in the American debate over constitutional interpretation, as a system or method, that is not based on assumptions about democracy. Therefore, the entire argument is based on false pretenses. We turn fundamentalist legal arguments against themselves for failing to make a place for the protection of democracy in the work of the Court. Since every view of constitutional interpretation takes democracy as its foundation, they become incoherent if they don’t place preserving and protecting democracy at the core of the Court’s work. Science is essential to preserving democracy and the science suggests the Court has been doing a great deal of damage to our democratic future.

Keywords:   assumptions, constitutional law, constitutional interpretation, democratic future, foundation, preserve, protect, science

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