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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Bibliographic Details
Main Author: Finn, John E.
Format: Book
Language:English
Published: Lawrence, Kansas : University Press of Kansas, [2014]
Series:Constitutional thinking
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Online Access:Contributor biographical information
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Table of Contents:
  • 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