Contributions by ‘Cass R. Sunstein’

Formalism in Constitutional Theory

Formalism in Constitutional Theory Cass R. Sunstein* In law, what does it mean to “interpret” a text, including the Constitution? There are some things that cannot be counted as interpretation. If a judge engages in freestanding moral theory and ignores the text, she is not interpreting it. If she reads it backwards, and tries to…

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