Robert Post identifies three theories underlying Supreme Court justices’ attempts to discern the meaning of the U.S. Constitution. He labels these theories doctrinal, historical, and responsiveinterpretation. As Post observes, each theory “appeals to a different conception of constitutional authority.” So, then, if we regard the activities of government – laws, policies, programs – as attempts to solve public problems, how does each theory seem to view the problem-solving role of government – i.e., the expectation that government will act to ease if not solve complex problems facing society?
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