Positive Approaches to Constitutional Law and Theory

In its symposium this year, the Journal of Constitutional Law explored the impact of positive theory on constitutional law doctrine. Among the participants were Penn Law professors Theodore Ruger and Stephen Burbank; former Penn Law professor Nathaniel Persily also took part. Burbank and Ruger spoke about positive theory and substantive constitutional law, while Persily shared his analysis of public opinion on controversial constitutional issues. Other topics were agenda setting by the Supreme Court and institutional constraints that influence decision-making.

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