The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.
Peter M. Shane,
Voting Rights and the “Statutory Constitution”,
56 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol56/iss4/11