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Thursday, July 21, 2005

Substance vs. Structure

Over at Balkinization, I've just posted some of my musings about substantive vs. structural arguments.  I label arguments about judicial review, federalism, and the filibuster rule as structural ones.  I argue that liberals and convervatives have often flip-flopped on these issues, and that the commitment to structural positions is often only skin deep.   Structural disagreements are often just covering up disputes about substantive ideology that people are having difficulty discussing.  Anyway, if you want to read more of my pondering about the issue, check it out at Balkinization

Posted by Daniel Solove on July 21, 2005 at 04:51 PM in Constitutional thoughts, Daniel Solove | Permalink


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