Constitutional Implications Revisited

Abstract

I revisit the question of the nature of implications and the proper methodology for identifying them. Debate about the legal foundations of the implied freedom of political speech may for practical purposes be otiose, but my interests have always been theoretical as well as practical. The study of implications can illuminate the nature of constitutional interpretation in general, both as it is actually practiced, and as an aspect of the ideals of constitutionalism and the rule of law.