Review Article
But the Constitution is not the Problem on Constitutional Disobedience
Graglia LA1* and Seidman LM21A.W. Walker Centennial Chair in Law, University of Texas Law School, USA
2Carmack Waterhouse Professor of Constitutional Law, Georgetown University, USA
- *Corresponding Author:
- Graglia LA
A.W. Walker Centennial Chair in Law
University of Texas Law School, United States
Tel: 512-471-3434
E-mail: lgraglia@law.utexas.edu
Received Date: March 30, 2015 Accepted Date: April 29, 2015 Published: May 15, 2015
Citation: Graglia LA, Seidman LM (2015) But the Constitution is not the Problem on Constitutional Disobedience. J Civil Legal Sci 4:145. doi:10.4172/2169- 0170.1000145
Copyright: © 2015 Graglia LA et al., This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Abstract
Professor Seidman really doesn’t like the United States Constitution, a “deeply flawed eighteenth century document” (4) laden with “silly or pernicious” provisions (135) reflecting some “quite unlovely” motivations. (21) Observance of the Constitution, based on “the pernicious myth that we are bound in conscience to obey the commands of people who died several hundred years ago” (9), is inconsistent, he argues, not only with our “pretending that we have a polity based on popular sovereignty,” but also with “the kind of open-ended and unfettered dialogue that is the hallmark of a free society.”