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Two Communities: Professional and Political
Kahn, Paul
Kahn, Paul
Abstract
James Gardner's article, The Failed Discourse of State Constitutionalism, is an important contribution to the rapidly developing debate over the role of state constitutions. Gardner serves us well in pointing to the gap between the recent rhetoric of state constitutionalism and the reality of state-court practice. He raises important warnings about the unintended consequences for the national community of a vigorous pursuit of state constitutionalism and correctly insists that we take a hard look at the people we are before we romanticize about the peoples we might like to be.