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Conclusion

Constitutional Law as Problem Solving

Published online by Cambridge University Press:  05 May 2022

H. Jefferson Powell
Affiliation:
Duke University, North Carolina
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Summary

Why should we play the game according to the rules? The central purpose of this book has been to describe the practice of constitutional law, not to justify or critique it. The focus has been entirely on what constitutional lawyers and judges actually do in attempting to solve constitutional law problems. I have simply assumed that what I am describing is what constitutional lawyers and judges ought to do. Most of the time, indeed, there is no need to go further. Lawyers are practical people with problems to solve and questions to answer, and as a practical matter lawyers with a constitutional problem that needs to be solved through law “ought” to engage in the practice I have described because if the lawyers don’t, whatever they say will not be recognizable as a legal argument.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Conclusion
  • H. Jefferson Powell, Duke University, North Carolina
  • Book: The Practice of American Constitutional Law
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158855.008
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  • Conclusion
  • H. Jefferson Powell, Duke University, North Carolina
  • Book: The Practice of American Constitutional Law
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158855.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • H. Jefferson Powell, Duke University, North Carolina
  • Book: The Practice of American Constitutional Law
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158855.008
Available formats
×