A Constitution We Are Confounding: Some Observations on the Constitution as Written and the Constitution as Taught
January 14, 2014 12:45pm - 1:50pm
Join us for a talk on the U.S. Constitution by Judge Jay Bybee. Judge Bybee will discuss how the Constitution follows in an American -- but not an English -- tradition of written constitutions. As a written source of law, the Constitution has more in common with the civil law than the common law. But, as a result of Marbury and CC Langdell's case method, we teach the Constitution as though it were common law. This has consequences for the way in which we approach the Constitution as an interpretive matter.