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Home Illinois News

The Founders’ Constitution and its discontents

Illinois Review by Illinois Review
May 13, 2022
in Illinois News
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The term "constitutional law" is in large part a misnomer. This is rarely discussed within the guild of the legal profession and heretical in the increasingly woke precincts of the legal academy, where the field of "constitutional theory" is a cottage industry. The late Lino Graglia, a law professor at the University of Texas for over 50 years, was fond of pointing out that "constitutional law" has very little to do with the Constitution. Beginning in the 1960s, most consequential Supreme Court decisions parsed a couple of clauses of the 14th Amendment dealing with "due process" and "equal protection," if they cited the text of the Constitution at all.

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