91 Texas L. Rev. 1593
As the oldest functioning constitution in the world, the United States Constitution contains many ambiguities that do not lend themselves to easy, much less irrefutable answers. Constitutional theory is the method of unpacking the text of the Constitution, understanding its relation to society, determining the role of the three branches of government, and developing a consistent and predictable interpretation. As with many areas of the law, there is much disagreement on the proper theory of interpretation. Yet, as irresolvable as the different points of view seem to be, we as a people are left with the need to better understand this ancient Constitution in the context of contemporary disputes of tremendous significance, from gay marriage to welfare benefits and from executive power to judicial authority. Debate on these matters seems not only inevitable but necessary in a pluralistic, representative democracy.
This introduction to the University of Texas School of Law Symposium on Constitutional Foundations highlights many of the difficult and debated questions in constitutional law today and summarizes the essays submitted.