Teachers and the Law

U S Government Printing Office (Editor)

Bound Congressional Record: Part 4

The Congressional Record is the official record of the proceedings and debates of the United States

National Arc And Records Administration (Editor)

United States Statutes at Large: 2016 Parts 1, 2 & 3

United States Statutes At Large, 2015, Volume 129

Mark Tushnet (Author)

Who Am I to Judge?: Judicial Craft Versus Constitutional Theory

9, A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation? Do we need a theory of constitutional interpretation? It is a common argument among originalists that however objectionable you may find their theory, at least they have one, whereas their opponents do not have any theory at all. But as Mark Tushnet argues, for most of the Supreme Court's history, including some of its most exceptional periods, the Court operated without a theory. In this book, Tushnet shows us what a constitutional theory actually is; what judges need from it and why they probably can't get what they need; and the great harm that results when judges allow theory to dictate bad policy. It is not theory that matters, Tushnet argues. The vitally important, indispensable quality in a judge is good judgment.