TITLE

THE "ORDERED LIBERTY" OF SUBSTANTIVE DUE PROCESS AND THE FUTURE OF CONSTITUTIONAL LAW AS A RHETORICAL ART: VARIATIONS ON A THEME FROM JUSTICE CARDOZO IN THE UNITED STATES SUPREME COURT

AUTHOR(S)
Vogel, Howard J.
PUB. DATE
August 2007
SOURCE
Albany Law Review;2007, Vol. 70 Issue 4, p1473
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the variations on the opinion of former U.S. Supreme Court Associate Justice Benjamin Nathan Cardozo on the case Palko versus Connecticut which stated that the due process of the Fourteenth Amendment protects the rights which are important to the very essence of ordered liberty. The author argues that constitutional argument is a rhetorical art represented by a special form of practical reasoning that involves the practice of persuasion to support the choice of action in the application and interpretation of the Constitution.
ACCESSION #
28811241

 

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