Beyond the Constitution

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Princeton University Press, 1992 - Law - 278 pages
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Hadley Arkes argues that it is necessary to move "beyond the Constitution", to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law. "No thinker today brings greater intellectual verve and subtlety to delineating the connections between law and moral judgment than Hadley Arkes.--Richard John Neuhaus, President, Institute for Religion and Public Life "The most illuminating reconsideration of natural rights jurisprudence produced in many years".--Gary J. Jacobsohn, American Political Science Review "The most significant work on the Constitution in the decade since John Ely's Democracy and Distrust . . . .Beyond the Constitution is must' reading".--Gerard V. Bradley, University of Illinois, College of Law "That whose soul is brevity has been bestowed on Hadley Arkes in abundance . . . . [The] founding fathers would recognize in Arkes a kindred spirit. Here erudition and common sense are combined and bad arguments get what they deserve. One is reminded of Aristotle's definition of wit--well-bred insolence".--Ralph McInerny, University of Notre Dame
 

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Contents

Introduction
3
The Reasoning Spirit of the Constitution
21
Moving Beyond the Text
40
On the Dangers of a Bill of Rights Restating the Federalist Argument
58
Life among the Clauses
81
The Sweep of Civil Rights and the Maze of Federalism
112
On the Art of Incorporating Rights
150
Incriminations Self and Others
173
Neonates and Reprobates The Reach of a Government Competent to Its Ends
206
NOTES
249
INDEX
273
Copyright

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About the author (1992)

Professor Hadley Arkes is Edward Ney Professor of American Institutions at Amherst, and has published many books on moral philosophy and constitutional law, including Beyond the Constitution (Princeton, 1990). A writer for journals such as The Wall Street Journal and Commentary, he has influenced public policy as an architect of the Defense of Marriage Act and the Born-Alive Infants Protection Act.

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