AGAINST OBLIGATIONPDF电子书下载

Introduction 1

The Case against Fidelity to Law, for Citizens and for Officials 1

A Roadmap and Some Baselines for Discussion 4

The Multiple Sources of Citizens' Obligations 20

The Relationship between Obligation and Legitimacy 24

1. Against Political Obligation 35

Consent, Fair Play, and Political Participation 35

Natural Duty and Associative Obligation 56

Systemic Stability 94

2. Accommodating Our Plural Obligations 114

Exiting from the Law 117

Permeable Sovereignty and the Religion Clauses 139

The Problem of Illiberal Groups 157

3. Against Interpretive Obligation to the Past 161

The Authority of Constitutional Creators, and Readers 165

Debunking Prior Authority 172

The Proper Role of Fit in Constitutional Interpretation 201

Why My Jeffersonian Position Is neither Anti-Law nor Anti-Constitutionalism 206

4. Against Interpretive Obligation to the Supreme Court 210

The Role of the Supreme Court in Settling Constitutional Issues 212

Interpretive Pluralism 215

Guidelines for Officials in Deciding Whether to Follow the Court 223

The Court's Response to Interpretive Challenge 247

Conclusion 252

Notes 255

Bibliography 303

Acknowledgments 323

Index 327