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Constitutional Law as Problem Solving
Published online by Cambridge University Press: 05 May 2022
Why should we play the game according to the rules? The central purpose of this book has been to describe the practice of constitutional law, not to justify or critique it. The focus has been entirely on what constitutional lawyers and judges actually do in attempting to solve constitutional law problems. I have simply assumed that what I am describing is what constitutional lawyers and judges ought to do. Most of the time, indeed, there is no need to go further. Lawyers are practical people with problems to solve and questions to answer, and as a practical matter lawyers with a constitutional problem that needs to be solved through law “ought” to engage in the practice I have described because if the lawyers don’t, whatever they say will not be recognizable as a legal argument.
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