American constitutional interpretation
Foundation Press, Apr 18, 2008 - Law - 1749 pages
This undergaduate text uses original essays, cases and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How do they go about their interpretive tasks?
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action approach argued argument Article authority branch Cambridge Chadha Chapter Chicago Chief Justice citizens claim Commerce Clause Comptroller Congress congressional constitutional interpretation constitutional law constitutional text constitutionality debate decision declared delegated democracy democratic detention dissenting doctrine document due process Due Process Clause elected enacted enemy combatant enforce equal protection executive exercise Federal Government Federalist Fourteenth Amendment framers fundamental governmental habeas Hamdi Harvard University Harvard University Press individual institutions interests interstate commerce judges judgment judicial power judicial review judiciary jurisdiction Justice Scalia Korematsu legislature liberty limited Madison ment military moral Ninth Amendment officers opinion original originalist person political President President's Princeton principles prohibition provision Query question reason regulate Rehnquist representative democracy reprinted require resolution rules Senate separation of powers specific stare decisis statute structure supra note Supreme Court textual theory tion tional U.S. Supreme Court unconstitutional United violation vote writ York