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Professor Philip Frickey is an exemplar of the American Midwest, but his academic career has also flourished in California. This state has recently been the situs of the most interesting constitutional litigation sequence in the new millennium, starting with the California Supreme Court's 2008 decision invalidating the state's barring of same-sex marriages and culminating in the court's 2009 decision upholding Proposition 8 (which had amended the state constitution to override the 2008 decision). These landmark decisions, discussed in Part I of this Essay, are not just about same-sex marriage. The Marriage Case and, even more, the Proposition 8 Case pose this question: What is a constitution for?
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