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Journal Article
Constitutional Showdowns
2008
Overview
Posner and Vermeule put some theoretical backbone into the idea of a constitutional showdown by attempting to give a usable definition of the idea, analyzing the circumstances under which showdowns will or will not occur, and offering some normative observations about whether the American constitutional systems tends to produce too many or too few showdowns, and whether the showdowns it does produce occur under socially optimal circumstances. They argue that the observed rate and distribution of showdowns will in all likelihood diverge from the socially optimal rate and distribution of showdowns.
Publisher
University of Pennsylvania Law School,University of Pennsylvania, Law School
Subject
