The Lost Union Card

Article by David P. Bryden

Professor Michael Perry is one of the most renowned constitutional jurisprudents. At an age when most legal scholars would feel proud to have written one solid hornbook on real estate, Professor Perry has now produced two volumes about the loftiest of jurisprudential themes. In the earlier work, The Constitution, the Courts, and Human Rights, he argued persuasively that the concept of following the founders' intentions, if taken seriously, would entail massive overruling of precedents. Although I did not share Perry's enthusiasm for judicial activism, I liked that book.

Morality, Politics, and Law is an even more ambitious project. I will confine my remarks to chapter six, in which Perry revisits the subject of constitutional interpretation.


About the Author

David P. Bryden. Professor of Law, University of Minnesota.

Citation

63 Tul. L. Rev. 1305 (1989)