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Desperately Seeking CertaintyThe Misguided Quest for Constitutional Foundations$
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Daniel A. Farber and Suzanna Sherry

Print publication date: 2002

Print ISBN-13: 9780226238081

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226238104.001.0001

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Of Law and Latkes

Of Law and Latkes

Chapter:
(p.1) Chapter 1 Of Law and Latkes
Source:
Desperately Seeking Certainty
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226238104.003.0001

This chapter describes the approach of “foundationalism”. Foundationalism seeks to ground all of constitutional law on a single foundation used by six constitutional scholars who have tried to build an entire constitutional structure from the ground up using very limited materials. Foundationalism often leads to radical results, and the six leading scholars examined in this chapter are no exception. Each of these six scholars has recently attempted a Reformation of American constitutional law and they span the ideological spectrum. Constitutional scholars believes that foundationalism, whether originalist, textualist, or some other brand, is a misguided and eventually a futile approach. A close assessment of the work of these scholars reveals that regardless of the specific foundational principle, its application usually seems to produce results that reflect a scholar's political views.

Keywords:   foundationalism, constitutional scholars, constitutional structure, radical results, ideological spectrum

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