2004The William & Mary Law School Scholarship Repository (William & Mary)Open access

Constitutional Theory in a Nutshell

Thomas Eugene Baker

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Abstract

The ubiquitous and popular West Nutshell Series promises to deliver in each and every volume "a succinct exposition of the law to which a student or lawyer can turn for reliable guidance" published in "a compact format for convenient reference." 1 That is the purpose and function of this article: to provide the intelligent novice a beginner's guide to the considerable body of scholarly writings about the theory of American constitutional law. I. WHY THEORY?Why not?Sorry, it is a professor's habit to answer a question with a question.But then again, this article is all about trying to make some sense of a peculiar dialect of legalese that might be called "con law prof talk," which you will encounter in class discussions or out-of-class readings in treatises and law reviews.

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The ubiquitous and popular West Nutshell Series promises to deliver in each and every volume "a succinct exposition of the law to which a student or lawyer can turn for reliable guidance" published in "a compact format for convenient reference." 1 That is the purpose and function of this article: to provide the intelligent novice a beginner's guide to the considerable body of scholarly writings about the theory of American constitutional law. I. WHY THEORY?Why not?Sorry, it is a professor's habit to answer a question with a question.But then again, this article is all about trying to make some sense of a peculiar dialect of legalese that might be called "con law prof talk," which you will encounter in class discussions or out-of-class readings in treatises and law reviews.

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Available abstract

The ubiquitous and popular West Nutshell Series promises to deliver in each and every volume "a succinct exposition of the law to which a student or lawyer can turn for reliable guidance" published in "a compact format for convenient reference." 1 That is the purpose and function of this article: to provide the intelligent novice a beginner's guide to the considerable body of scholarly writings about the theory of American constitutional law. I. WHY THEORY?Why not?Sorry, it is a professor's habit to answer a question with a question.But then again, this article is all about trying to make some sense of a peculiar dialect of legalese that might be called "con law prof talk," which you will encounter in class discussions or out-of-class readings in treatises and law reviews.

Key concepts: Constitution, Constitutional theory, Postmodernism, Originalism, Essentialism, Sociology, Law, Constitutional law

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