Document Type

Article

Publication Date

10-2009

Publication Title

William and Mary Law Review

Publication Title (Abbreviation)

Wm. & Mary L. Rev.

Volume

51

Issue

1

First Page

143

Last Page

182

Abstract

Americans have long been bound by a shared sense of constitutional commonality, and the Supreme Court has repeatedly condemned the notion that federal constitutional rights should be allowed to depend on distinct state and local legal norms. In reality, however, federal rights do indeed vary, and they do so as a result of their contingent relationship to the diversity of state and local laws on which they rely. Focusing on criminal procedure rights in particular, this Article examines the benefits and detriments of constitutional contingency, and casts in new light many enduring understandings of American constitutionalism, including the effects of incorporation doctrine and the nation’s mythic sense of shared constitutional commitment.

Rights

© 2009 Wayne A. Logan

Comments

First published in William and Mary Law Review.

Faculty Biography

http://law.fsu.edu/our-faculty/profiles/wlogan