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Constitutional theory in the United States is an academic discipline that focuses on the meaning of the United States Constitution. Its concerns include (but are not limited to) the historical, linguistic, sociological, ethical, and political aspects. Much of constitutional theory is concerned with theories of judicial review.
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Barnett has also done work on the theory of the United States Constitution, culminating in his books Restoring the Lost Constitution and Our Republican Constitution. He argues for an originalist theory of constitutional interpretation and for constitutional construction based on a presumption of liberty, not popular sovereignty.
Michael J. Gerhardt is the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law in Chapel Hill. [1] He is also the director of the Center on Law and Government at the University of North Carolina at Chapel Hill and is an expert on constitutional law, separation of powers, and the legislative process. [2]
David A. Strauss is an American legal scholar who is currently the Gerald Ratner Distinguished Service Professor of Law at the University of Chicago Law School.He is a constitutional law scholar and the author of The Living Constitution (2010), [1] an influential work on the interpretation of the Constitution of the United States and judicial decision-making. [2]
His book argued that constitutional reform understood as the transfer of power from representative institutions to judiciaries is often the product of a strategic move he termed "hegemonic preservation" led by challenged political elites who aspire to entrench their worldviews and policy preferences against the vicissitudes of democratic ...
[9] Jack Goldsmith has praised Common Good Constitutionalism as "the most important book of American constitutional theory in many decades". [7] However, notable originalist scholar Randy Barnett criticized the theory as subversive of America's founding principles. [10] Conservative columnist George F.