The Rule of Saint Benedict: the debates over the interpretation of an ancient legal and spiritual document

Article Abstract:

The history of the Rule of Saint Benedict, which is the code of conduct guiding Trappist monks in their spiritual pursuits, provides insightful analogies for approaching the interpretation of the Constitution. The Rule's history indicates that one consistent approach to interpreting the Constitution is unsuitable in sustaining the document's viability in guiding society. All approaches are valid and beneficial when accompanied with constant dialogue among the differing viewpoints.

Interpretation and construction, History, Beliefs, opinions and attitudes, Constitutional law, Constitutional interpretation, Monasticism and religious orders, Religious orders (Christian), Benedict of Nursia, Saint

---

American political culture and the failures of process federalism

Article Abstract:

Political realities prevented Congress from reacting favorably to the Supreme Court's recent efforts to revive federalism. In US v. Lopez and other cases, the Court has enforced 10th Amendment limits on Congress' power over state sovereignty. The doctrine of process federalism holds that such judicial enforcement should not be necessary because members of Congress themselves will protect the states. The prevailing political culture refutes this doctrine.

United States, Analysis, Federalism, Legislative power

---

Similar abstracts:

• Abstracts: The writing of the Constitution and the writing on the wall. The proposed equal protection fix for abortion law: reflections on citizenship, gender, and the Constitution
• Abstracts: Interpreting the Constitution: is the Intent of the Framers controlling? If not, what is? A lawyer lectures a judge
• Abstracts: Forbidden favoritism in the government accommodation of religion: Grumet and the case for overturning Aguilar
• Abstracts: The dead hand and constitutional amendment. Gun shy: the Second Amendment as an "underenforced constitutional norm."
• Abstracts: A text is just a text. Normative indeterminacy and the problem of judicial role

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.