Peopling the constitution /
"The U.S. Constitution begins with the soaring words 'We the People, ' but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who...
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| Main Author: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
Lawrence, Kansas :
University Press of Kansas,
[2014]
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| Series: | Constitutional thinking
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| Subjects: | |
| Online Access: | Contributor biographical information Publisher description Additional Information at Google Books |
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| LEADER | 00000cam a2200000 i 4500 | ||
|---|---|---|---|
| 001 | 863100699 | ||
| 003 | OCoLC | ||
| 005 | 20181031113405.0 | ||
| 008 | 131112s2014 ksu b 001 0 eng | ||
| 010 | |a 2013045168 | ||
| 020 | |a 9780700619627 | ||
| 020 | |a 0700619623 | ||
| 020 | |a 9781626370517 | ||
| 020 | |a 1626370516 | ||
| 037 | |b Univ Pr of Kansas, 2502 Westbrooke Cir, Lawrence, KS, USA, 66045-4444, (785)8644154 |n SAN 203-3267 | ||
| 040 | |a DLC |b eng |e rda |c DLC |d YDX |d OCLCO |d BTCTA |d YDXCP |d BDX |d IXA |d CDX |d CGU |d OUP |d DEBBG |d UNE |d OCLCF |d CHVBK |d OCLCQ |d CUH |d LRP |d OCLCO |d SFR |d OCLCQ |d IOK | ||
| 042 | |a pcc | ||
| 043 | |a n-us--- | ||
| 049 | |a VLAM | ||
| 050 | 0 | 0 | |a KF4550 |b .F545 2014 |
| 100 | 1 | |a Finn, John E., | |
| 245 | 1 | 0 | |a Peopling the constitution / |c John E. Finn |
| 260 | |a Lawrence, Kansas : |b University Press of Kansas, |c [2014] | ||
| 300 | |a xv, 350 pages ; |c 25 cm | ||
| 490 | 1 | |a Constitutional thinking | |
| 504 | |a Includes bibliographical references (pages 319-324) and index | ||
| 505 | 0 | |a Introduction -- Civic Aspirations as Constitutional Commitments -- Civic and Constitutional -- Is the Civic Constitution a Justice-Seeking Constitution? -- Is the Civic Constitution a Deliberative Constitution? -- Constitutional Maintenance and Civic Work -- Civic Space -- Civility -- Criticism of Civility -- Incivility -- Tending -- The Essays -- Essay One: Constituting -- Essay Two: Maintaining -- Essay Three: Failing -- Conclusion -- Essay one: Constituting -- Constituting and the Civic Constitution -- The Civic Constitution and the Text -- Writing the Civic Text -- Reading the Civic Text -- One Constitution, Many Texts -- Constitutions as Civic Practices -- The Civic Constitution and Institutions -- Separation of Powers -- Federalism -- Other Design Decisions -- Constitutional Review and the Civic Constitution -- The Civic Constitution and Citizens -- Constituting Citizens -- How to Create Civic Citizens -- Civic Skills and Competencies -- The Civic Constitution and Culture: Configuring a Civic Culture -- Conclusion -- Essay two: Maintaining -- What: Maintaining a Constitutional Way of Life -- Who: Assigning Responsibility for Maintaining the Constitution -- Civic Virtue and Civil Society -- Citizenship and Civic Education -- The Civic Constitution and Civic Knowledge -- Formal Pedagogy -- Civic Curricula -- Political Participation -- Associational Life -- How to Maintain the Civic Constitution -- Separations of Power: Horizontal and Vertical -- Constitutional Interpretation as Constitutional Maintenance -- The Juridic Constitution and Constitutional Interpretation -- The Civic Constitution and Constitutional Interpretation -- Allocations of Interpretive Authority -- How to Interpret? -- Constitutional Change and Constitutional Amendments -- Time and Identity -- Civic Not Democratic -- Article 5 Amendments -- Extra-Article 5 Amendments -- Conclusion -- Essay three: Failing -- Not a Grand Unified Theory of Constitutional Failure -- The Chronology of Failure -- Founding Failures -- Maintenance Failures -- Constitutional Failure and the Juridic Constitution -- Civic Success -- Civic Failure -- Failures of Fidelity -- Failures of Civility -- Constitutional Rot as a Variety of Constitutional Failure -- Recognizing Rot: Constitutional Change after 9/11 -- Implications for Constitutional Governance -- Torture -- The Preclusive Presidency and the Separation of Power -- The Preclusive Presidency -- The Security Regime and Civic Deliberation -- Urgency and Deliberation -- Secrecy and Deliberation -- From Exceptional to Ordinary, Temporary to Permanent -- Civic Deliberation and Judicial Review of the Antiterrorism Regime -- Assessing Rot -- Conclusion | |
| 520 | |a "The U.S. Constitution begins with the soaring words 'We the People, ' but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This 'Civic Constitution' constitutes us as a civic body politic, transforming 'the people' into a singular political entity. Juxtaposing this view with the legal model, the 'Juridic Constitution, ' John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn's telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution"--Unedited summary from book jacket | ||
| 650 | 0 | |a Constitutional law |z United States | |
| 830 | 0 | |a Constitutional thinking | |
| 856 | 4 | 2 | |3 Contributor biographical information |u http://catdir.loc.gov/catdir/enhancements/fy1403/2013045168-b.html |
| 856 | 4 | 2 | |3 Publisher description |u http://catdir.loc.gov/catdir/enhancements/fy1403/2013045168-d.html |
| 856 | 4 | 2 | |z Additional Information at Google Books |u http://books.google.com/books?vid=isbn9780700619627 |
| 907 | |a .b2230860 | ||
| 998 | |a secnd | ||
| 999 | |c 107263 | ||
| 852 | |a Law Library |b Second Floor |h KF4550 .F545 2014 |p 33940004291744 | ||