Eskridge Jr., William N.
January 2009
Harvard Journal of Law & Public Policy;Winter2009, Vol. 32 Issue 1, p193
Academic Journal
An essay about the tradition in constitutional law interpretation in the U.S. with reference to sodomy and gun litigations is presented. The author characterizes constitutional tradition as multifarious, evolving and complicated, and notes that these aspects may create the risks of anachronism, cherry-picking and illegitimacy. The cases examined include Bowers versus Hardwick, Lawrence versus Texas and District of Columbia versus Heller. The relevance of viewing tradition as democratic deliberation is tackled.


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