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Reason
Reason
Zachary Price

Symmetry in Interpreting the First Amendment and the Structural Constitution

My earlier posts on my book Constitutional Symmetry explained the basic idea of favoring symmetry and summarized the practical and theoretical reasons for this approach. In addition to advancing this theoretical case for symmetry, the book includes chapters applying the theory to five contested areas of constitutional law:  speech, association, and religion; separation of powers and federalism; equal protection; guns and fundamental rights; and the law of democracy.

The chapters themselves are more illustrative than exhaustive. As I explain, they do not address every relevant case or holding in the areas they cover, and they omit entirely major areas of constitutional law. The chapters do aim, however, to demonstrate that comparatively symmetric approaches remain open in many areas as potential pathways of case law development, if the courts will only take them.

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