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Unsettlement theory allows them to remain within the political community, and, it is hoped, keeps them in an on-going political dialogue.
Seidman acknowledges that while constitutional law harbors the potential for employing unsettlement theory, that potential has remained largely unrealized.
But how do judges and Justices implement unsettlement theory?
However, while Seidman discusses some Supreme Court opinions to show how their reasoning is vulnerable to unsettlement, (e.