Jamal Awil

← Philip Chase Bobbitt - Reflections…

Modalities of constitutional argument may resist exhaustive categorization. [definitional]

First, they could believe, having surveyed the practices of American constitutional argument, that I have simply omitted one widely practiced form-that my list of six forms is not comprehensive because some arguments cannot sensibly be made to fit in any of the six categories I offer. Second, they could believe that my list is inadequate to decide cases, and thus they infer that there must be an additional modality.

QUESTION: What forms of constitutional argument might not fit the six-category framework? Worth probing whether the list is genuinely exhaustive.

Philip Chase Bobbitt, Philip Chase Bobbitt - Refl…, loc. 408