I thought I was borrowing the phrase from Jack Balkin. My sense of the universe is that the phrase is such that a great many people might think of it independently.
Mark A. Graber >>> [EMAIL PROTECTED] 06/23/03 18:01 PM >>> In Sunday's New York Times, Linda Greenhouse refers to liberal legal scholars' attempts to promote a "Shadow Constitution." http://www.nytimes.com/2003/06/22/weekinreview/22GREE.html Greenhouse has used this term before, in a 1995 post-Lopez NYT piece contrasting liberals' shadow constitution with conservatives' "constitution-in-exile." Does anyone know where the phrase "Shadow Constitution" originated? (I understand the metaphor of the shadow cabinet, and a Lexis-Nexis search shows that Mark Graber (2002) and Jack Balkin (1997) have used the phrase when criticizing the tendency on the part of some progressive scholars to focus on elaborating and defending the unfashionable constitutional doctrines that make up a shadow constitution. Neither, however, explains the origins of the phrase.) Because Greenhouse referred to this phrase before Balkin did, I am also left to wonder who were the scholars that fell within this tradition. Scholars whose views often fell quite far to the left of the Warren Court, such as Charles Black, Charles Reich, or Arthur Miller? Or, is this term referring to post-Warren Court era scholars? Any help off-list would be very much appreciated. Lynda Dodd
