Read e-book online Foundations of American Constitutionalism PDF

By David A. J. Richards

ISBN-10: 0195059395

ISBN-13: 9780195059397

In writing the structure, the Founders mixed a Lockean concept of politically valid strength with the political technological know-how that they had discovered from Machiavelli, Harrington, Hume, and Montesquieu to articulate a brand new belief of constitutional argument. interpreting the Founders' humanist analytical equipment and dealing assumptions, this ebook combines background, political philosophy, and interpretive perform because it demonstrates an alternate exegesis of the structure. It clarifies quite a lot of interpretive problems with federalism, enumerated rights (religious liberty and unfastened speech), unenumerated rights (the constitutional correct to privacy), and equivalent safeguard.

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The Political Works of James Harrington (Cambridge: Cambridge Univ. Press, 1977); for useful commentary, see Zera S. : Northwestern Univ. Press, 1945), pp. 52—89. : Liberty Press, 1979), pp. 249-56. 14 See Wood, Creation of the American Republic, pp. 465-67, 474-75, 564; Jack N. : Johns Hopkins Univ. Press, 1979), pp. 389-96. , Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. , Debates); and at the South Carolina convention, Charles Pinckney admits, "our Constitution was in some measure an experiment," and "that he considered it the fairest experiment ever made in favor of human nature," idem, vol.

55 See Pierre Bayle, Philosophique Commentaire sur ces paroles de Jesus Christ "Contrain-les d'entree," in Oeuvres Diverses de Mr. Pierre Bayle, vol. 2 (A la Haye: Chez P. , 1727) (hereafter referred to as Philosophique Commentaire), pp. 357-560. For a useful recent general study, see John Kilcullen, Sincerity and Truth: Essays on Arnauld, Bayle, and Toleration (Oxford: Clarendon Press, 1988). 56 For fuller discussion, see Richards, Toleration and Constitution, pp. 86-88. 28 FOUNDATIONS OF AMERICAN CONSTITUTIONALISM nature could have intended.

The Political Works of James Harrington (Cambridge: Cambridge Univ. Press, 1977); for useful commentary, see Zera S. : Northwestern Univ. Press, 1945), pp. 52—89. : Liberty Press, 1979), pp. 249-56. 14 See Wood, Creation of the American Republic, pp. 465-67, 474-75, 564; Jack N. : Johns Hopkins Univ. Press, 1979), pp. 389-96. , Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. , Debates); and at the South Carolina convention, Charles Pinckney admits, "our Constitution was in some measure an experiment," and "that he considered it the fairest experiment ever made in favor of human nature," idem, vol.

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Foundations of American Constitutionalism by David A. J. Richards


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