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Part V Themes, Ch.48 The Constitution and United States’ Culture

Paul W. Kahn

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

Readers coming to the last entry in this Handbook might ask: Is the turn to culture an afterthought or a summation? Is culture something added on to what is otherwise an established field, or is it the condition under which our practice of constitutional law becomes possible? I will argue that a popular culture of constitutionalism grounds the care and trust that are necessary conditions of the rule of law in the United States. Culture is, accordingly, the beginning and end—the source and consequence—of American constitutional practice. The investigation of...
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