An interpretivist agenda

Article Abstract:

Research is needed on three main problems of constitutional theory: interpretation, justification and precedent. In interpretation, a theory is needed to determine what is consistent with the Constitution. Progress has been made by shifting from the idea of original intent to original meaning. However, how much evidence of original meaning is needed has not been determined. The justification problem concerns reasons why applying the Constitution is desirable. The problem of precedent concerns prior decisions that are incorrect but may still be cited as precedents.

Cases, Civil rights

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Constitutional architecture

Article Abstract:

'The Federalist' envisioned a political system in which liberty would be protected by the structure of the government rather than by a listing of specific rights. The papers need to be studied as a whole, since a selective reading tends to overemphasize specific elements, such as judicial review. The constitutional structure based on separation of powers and checks and balances among them tends to slow government action, contributing to what some call 'gridlock government,' but also to protection of minority views and to the achievement of consensus.

The Federalist

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Liberty and constitutional architecture

Article Abstract:

The Framers of the Constitution did not believe liberty would be protected by majority rule, but by the structure of the government with separation of powers, checks and balances and reservation to the states of powers not given to the federal government. Although the first two elements have continued to function, the sovereignty of the states has been severely eroded by the federal government.

Liberty, Freedom

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