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1. Constitutional Theory Does Matter

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Sotirios A. Barber is a Professor of Political Science at the University of Notre Dame and James E. Fleming is The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. Together they have written Constitutional Interpretation: The Basic Questions which examines the fundamental inquiries that arise in interpreting constitutional law. Below they respond to a Stanley Fish article about their new book.

As the authors of Constitutional Interpretation: The Basic Questions, we thank Professor Stanley Fish for his generous reference to the book as a guide through the long-standing debate on approaches to constitutional interpretation. (“Does Constitutional Theory Matter?”) We write to express more than gratitude, however, for we are puzzled by two elements of Fish’s piece: his denial that theories of interpretation matter and his description of our position in the debate. (more…)

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