Southern character, confederate nationalism, and the interpretation of state constitutions: A case study in constitutional argument

From: Texas Law Review | Date: May 1, 1998| Author: | Copyright information

James A. Gardner*

The Character Thesis

Among the more common techniques of American constitutional argument is the resort to "character" as an aid to interpreting the United States Constitution. Character-based arguments seek to justify a particular interpretation of the Constitut ion on the ground that it is more consistent than competing interpretations with the character of Americans or with the values that Americans, in consequence of their character, hold dear. Philip Bobbitt, who calls such arguments "ethical," describes them as arguments "whose force relies on a charac terization of ...

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