science of politics. The debate on natural law, then, is largely about whether reason or will-or perhaps both-is the source of constitutional authority. The specific question before the Court in Calder was the constitutionality of a Connecticut statute which set aside a decree of the local probate court. Pursuant to that decree, Calder had been awarded a right to recover property under a will. ...

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Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

16 proportionality” which the German Constitutional Court developed in the 1950s and which since then has been treated as unwritten constitutional law in Germany. In the decades that followed the 1950s the German Constitutional Court realized that the principle of proportionality (commensurability) works like a representation of people’s moral sense and sense of justice. Therefore, the German C...

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The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provi...