Bobbitt’s appeal to conscience is not an escape hatch from the modalities.

Evidence

It is a different kind of misreading to conclude that the role I have described for the conscience is a kind of trap door for a grammar of decisionmaking otherwise confined to decisions according to the rules of the various modalities. Here, the misreading occurs not out of an inattention to differences of nuance among similar things, but out of a severe expectation that everything can be analyzed in the same way. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 536

Categorization

  • DEFINE: Defines what the conscience role in constitutional decisionmaking is NOT: a trap door, clarifying the boundary of the modal grammar.