Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2014 Constitutional Skepticism: A Recovery and Preliminary Evaluation Louis Michael Seidman Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1312 http://ssrn.com/abstract=2387031 This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Jurisprudence Commons, Law and Politics Commons, Legal History Commons, and the Public Law and Legal Theory Commons 1 Constitutional Skepticism: A Recovery and Preliminary Evaluation Louis Michael Seidman* * Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center. I owe a special debt of gratitude to Michael Klarman, who gave me many, many single spaced pages of comments on an earlier draft of this article. I also received very helpful comments from Adam Cox, Michael Diamond, Peter Edelman, Daniel Ernst, Aziz Huq, Vicki Jackson, Jerry Kang, Daryl Levinson, Deborah Malamud, Allegra McLeod, Adam Samaha Girardeau Spann, Mark Tushnet, Laura Weinrib and participants at the Georgetown Faculty Workshop and the Duke Roundtable on the Role of Custom, Convention, and Tradition in U.S. Constitutional Law. I am grateful to Noah Baron, Melissa Stewart, Morgan Stoddard, Katie Wrede, and the staff of the Georgetown Law Center Library for superb research assistance. 2 Constitutional Skepticism: A Recovery and Preliminary Evaluation Introduction Over two centuries after its ratification, most Americans are still infatuated with their Constitution.1 At the beginning, few would have predicted this outcome.