Constitution

About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.

Not a Suicide Pact: The Constitution in a Time of National Emergency

Abstract: I. The war on terrorism presents any thinking person with what appears to be an irresolvable dilemma. [1] On the one hand, as citizens, we claim to have inalienable rights that protect us against force, whether initiated by terrorists or by the state. On the other hand, by insisting that the state assiduously respect our rights, we can in practice weaken its power to deal with terrorism. If we ratchet back our commitment to the rights we hold against the state, we court the dangers of totalitarianism. But if we insist on an inflexible commitment to those rights, we court the dangers of mass murder. We could of course simply deny the dangers of either totalitarianism or terrorism, but if we acknowledge them, as we should, it’s clear that there is a difficult problem here in need of a resolution.

Positive constitutional economics: A survey

Abstract: The author distinguishes between normative and positive constitutional economics Taking the observation that the normative branch of the new discipline is much better developed than its positive counterpart as a starting point, the available positive literature is surveyed nevertheless The available evidence is arranged into four categories: (1) Constitutional rules and the procedures bringing them about, (2) constitutional rules as the result of preferences and restrictions, (3) constitutional rules channeling constitutional change, and (4) the economic effects of constitutional rules Additionally, various concepts of the constitution are presented, the tools suited for a positive theory of constitutional economics discussed, and precursors as well as related research programs shortly described

The Founders' Constitution

Abstract: Hailed as "the Oxford English Dictionary of American constitutional history," the print edition of The Founders' Constitution has proved since its publication in 1987 to be an invaluable aid to all those seeking a deeper understanding of one of our nation's most important legal documents. In this unique anthology, Philip B. Kurland and Ralph Lerner draw on the writings of a wide array of people engaged in the problem of making popular government safe, steady, and accountable. The documents included range from the early seventeenth century to the 1830s, from the reflections of philosophers to popular pamphlets, from public debates in ratifying conventions to the private correspondence of the leading political actors of the day. These rich and varied materials are arranged, first, according to broad themes or problems to which the Constitution of 1787 has made a significant and lasting contribution. Then they are arranged by article, section, and clause of the U.S. Constitution, from the Preamble through Article Seven and continuing through the first twelve Amendments.

Freedom's Law: The Moral Reading of the American Constitution

Abstract: In Freedom's Law, Ronald Dworkin propounds his theory of constitutional interpretation and applies it to some of the most controversial constitutional issues of the last twenty years, including abortion, affirmative action, pornography, hate speech, gay rights, euthanasia, and free speech. Although each of the chapters of the book was first published as a separate essay, together they provide an engaging and coherent account of Dworkin's constitutional philosophy. In the first part of the book, Dworkin elaborates and argues for what he calls the moral reading of the Constitution. The United States Constitution, like most contemporary constitutions, defines individual rights in very broad and abstract language. The Fourth Amendment, for example, protects against "unreasonable searches and seizures." The Eighth Amendment protects against "cruel and unusual" punishment. According to the moral reading, clauses that incorporate such terms should be construed as referring to "abstract moral principles and las] incorporatling] these by reference, as limits on government's power." (p. 7). The moral reading of the Constitution, on Dworkin's view, implies that "government must treat all those subject to its dominion as having equal moral and political status; it must attempt, in good faith, to treat them all with equal concern; and it must respect whatever individual freedoms are indispensable to those ends, including but not limited to the freedoms more specifically designated in the document, such as the freedoms of speech and religion." (p. 8). Since constitutional rights are not limited to those specifically mentioned in the Constitution, constitutional interpretation requires the sort of analysis that is common to applied moral philosophy. On Dworkin's view, then, one cannot resolve a constitutional question about what equal protection requires without resolving the corresponding moral question of what the moral notion of equality requires. In this way, Dworkin's theory "brings political morality into the heart of constitutional law." (p.2) Unfortunately, Dworkin does not always apply these doctrines consistently in addressing specific legal problems. For example, while the

To Constitute a Nation: A Cultural History of Australia's Constitution

Abstract: Chronology Introduction 1. Colonial nuptials 2. The imaginary nation 3. Imagined Constitutions 4. Models for a nation 5. Things properly federal 6. White Australians 7. Australian natives 8. The people 9. Citizens 10. Half the nation 11. The federal compact Postscript.