Constitutional Structure and Purposes: Critical Commentary Contributions in Legal Studies

Legal uncertainty is particularly high in constitutional law, where the Supreme Court may overrule earlier decisions as not conforming to the Constitution. This critical study of constitutional decision-making in the Supreme Court emphasizes the failures of the justices to consider constitutional structure and the original meaning of language in context.

Conant criticizes the Supreme Court's opinions supporting racial segregation and the perpetuation of a caste system until the final overruling in Brown v. Board of Education; the Court's antitrust exemption of professional baseball; and the recent finding that physical desecration of the flag is protected under "freedom of speech."