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Lawfare Archive: Richard Albert on Constitutional Resilience Amid Political Tumult

The Lawfare Podcast

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Analyzing the U.S. Constitution's Global Standing

This chapter provides a comparative analysis of the U.S. Constitution, emphasizing its distinct characteristics and dwindling influence in global constitutional design. It discusses the differences between positive and negative rights, highlighting how modern constitutions have expanded rights beyond those enshrined in the U.S. Constitution. The chapter also examines the evolving role of state constitutions and the U.S. Supreme Court's unique self-restraint compared to international judicial powers.

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