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The Court, the Constitution, and the History of Ideas

This Article argues that constitutional law scholars pay too much attention to political outcomes and too little to political philosophy. The Article posits that identifying the U.S. Supreme Court's role in the American constitutional order-the question scholars have been trying to answer for gen erations-is an exegesis in the history of ideas, rather than a lawyer's brief about policy results. Although the Article is ultimately about a number of the most significant political philosophers of all time (e.g., Aristotle, Montesquieu), it examines the dominant constitutional theory of the present day-popular constitutionalism-to illustrate why scholars need to spend less time reacting to recent ...

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