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September 29, 2010


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Eric Muller

Someday in the middle future, when a historian looks back on the period stretching from the mid-twentieth-century through (at very least) the early twenty-first, he or she will undoubtedly have something interesting to say about why several successive generations of constitutional law scholars devoted the largest share of their energies to debating, and then debating, and then debating again, the basic question of the legitimacy of the venture they study.

At times it does feel to me that we (and, as a person who teaches this subject and focuses centrally on the legitimacy of judicial review, I include myself) are trapped in a Con Law version of Groundhog Day.

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