2009•SSRN Electronic JournalOpen access

Deep and Wide: Justice Marshall's Contributions to Constitutional Law

Rebecca L. Brown

Abstract

This essay, a contribution to a symposium marking the 100th anniversary of Justice Thurgood Marshall’s birth, explores Justice Marshall’s singular understanding of equality as a driving force underlying all of constitutional law. His theory of equality as giving rise to an obligation on government to provide reasons for its actions reflects a sophisticated and under-appreciated perspective on American constitutionalism, as illustrated by several examples offered in the essay.

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Key concepts: Constitutionalism, Economic Justice, Obligation, Law, Perspective (graphical), Government (linguistics), Constitutional law, Political science