Foundations of American Constitutionalism

Front Cover
Oxford University Press, 14. dets 1989 - 338 pages
In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.
 

Contents

1 Introduction
3
2 The Founders Interpretive Uses of History
18
3 Political Legitimacy and Constitutional Founding
78
4 Interpreting the Founders over Time
131
Religious Liberty and Free Speech
172
Constitutional Privacy
202
7 Interpreting Equal Protection
248
8 Constitutional Decadence and Educational Responsibility
287
Index
301
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