Campbell on the Union at the Founding

Campbell on the Union at the Founding

Jud Campbell, Stanford Law School, has posted Four Views of the Nature of the Union, which is forthcoming in the Harvard Journal of Law and Public Policy:

John Marshall (NYPL)

This Essay summarizes four Founding-Era views about the nature of the Union and the key interpretive implications that followed from those views. In doing so, it emphasizes the importance of social-contract theory and engages a recent scholarly debate over the influence of the law of nations on Founding-Era constitutional interpretation. Without taking a position about which view of the Union was correct, the Essay aims to illuminate the range of interpretive possibilities, including ones informed more by social-contractarian premises than by the law of nations.

–Dan Ernst

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