Constitutional ethos : liberal equality for the common good /
"Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but their attempts to render facts from interpretation invite much disagreement. This leaves many important matters open to question, including which rights are fundamental, the criter...
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| Main Author: | |
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| Format: | Book |
| Language: | English |
| Published: |
New York, NY :
Oxford University Press,
2017
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| Subjects: | |
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| Summary: | "Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but their attempts to render facts from interpretation invite much disagreement. This leaves many important matters open to question, including which rights are fundamental, the criteria for voting, the three branches of government's several responsibilities, and, bringing the problem full circle, who should have the final say in defining the Constitution's meaning. Alexander Tsesis' Constitutional Ethos is a groundbreaking investigation into the U.S. Constitution's principles of constitutional principles, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Tsesis argues that the central norm of U.S. law can be derived from the Declaration of Independence and Preamble. In doing so, he develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. He argues that the maxim of constitutional governance highlights the protection of both individual and public rights, and this ethos should guide the activities of all three branches of government. This argument challenges the more common view that sees the document's power as deriving from social norms. Tsesis instead shows that the people intended that the nation's founding documents should protect universal, inalienable rights. The structure of government grants powerful mechanisms for improving a pluralistic society while setting limitations that allow individuals to pursue unique visions of happiness. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues, from marriage rights, gender in equality, and voting rights. Tsesis offers a powerful counterargument to scholars who believe that the authority of government is a social construct created by popular majorities. Constitutional Ethos shows that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of U.S. constitutionalism: the protection of individual rights for the common good"--Unedited summary from book jacket |
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| Physical Description: | x, 206 pages ; 25 cm |
| Bibliography: | Includes bibliographical references (pages 185-199) and index |
| ISBN: | 9780199359844 (hardcover : alk. paper) 0199359849 (hardcover : alk. paper) |