Beyond the Constitution / Edition 1

Beyond the Constitution / Edition 1

by Hadley Arkes
     
 

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ISBN-10: 0691025541

ISBN-13: 9780691025544

Pub. Date: 09/08/1992

Publisher: Princeton University Press

Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

Overview

Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

Product Details

ISBN-13:
9780691025544
Publisher:
Princeton University Press
Publication date:
09/08/1992
Edition description:
Reprint
Pages:
288
Product dimensions:
6.24(w) x 9.14(h) x 0.74(d)

Table of Contents

Acknowledgementsix
1Introduction3
2The "Reasoning Spirit" of the Constitution21
3Moving Beyond the Text40
4On the Dangers of a Bill of Rights: Restating the Federalist Argument58
5Life among the Clauses81
6The Sweep of Civil Rights and the Maze of Federalism112
7On the Art of "Incorporating" Rights150
8Incriminations: Self, and Others173
9Neonates and Reprobates: The Reach of a Government Competent to Its Ends206
Notes249
Index273

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