The Invisible Constitution
As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
1103373747
The Invisible Constitution
As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
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The Invisible Constitution

The Invisible Constitution

by Laurence H. Tribe
The Invisible Constitution

The Invisible Constitution

by Laurence H. Tribe

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Overview

As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

Product Details

ISBN-13: 9780199740956
Publisher: Oxford University Press
Publication date: 09/17/2008
Series: Inalienable Rights
Sold by: Barnes & Noble
Format: eBook
File size: 4 MB

About the Author

Laurence H. Tribe is Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard University. He has published more than 100 books and articles, including American Constitutional Law, On Reading the Constitution, and Abortion: The Clash of Absolutes. In addition, he has argued more than three dozen cases before the Supreme Court of the United States and has frequently testified before Congress on a broad range of constitutional issues.

Table of Contents

Editor's NotePrefaceAcknowledgementsPart I: Beyond the VisibleIdentifying "The Constitution"Distinguishing "The Constitution" From "Constitutional Law"Remembering Ours is a "Written" ConstitutionThe Variable Role of Interpretive Judicial PrecedentThe "Dark Matter"Part II: Defining the TerrainInvisibility DefinedNot Necessarily an Ideal ConstitutionConstitutional Axioms and Constitutional TheoremsThe Politics of Constitutional InvisibilityThis Book's Mission: Making Invisibility VisibleSupreme Law, Not the Supreme CourtThe Constitution's Architecture, Not its "Construction"Part III: Explorations Beyond the TextInvisibility Exemplified: The Moving Finger WritesCleo's ClaimsDoubling Back: The Holistic Reading RuleTwo Types of Extratextual NormsInvisibility Illuminated: A Government of LawsInvisibility Elaborated: Government of the People, By the People, For the PeopleInvisibility Further Illustrated: Suspending Habeas CorpusFederalism - and "the Right of the People to Keep and Bear Arms"States as Sovereigns?Part IV: The Content of Liberty and Equality and the Boundaries of Government PowerThe "Substantive Due Process" ConundrumThe Jagged Road to EqualityThe Reapportionment RevolutionLochner and Selective "Incorporation"From Liberty of Contract to Forms of Self-GovernmentIntimate Association and Private Self-GovernmentThe Maintenance of Boundaries: From Territoriality to PrivacyPart V: Visualizing the InvisibleOnce Again: The Ninth Amendment's Rule of ConstructionThe Inescapable Role of Constitutional "Dark Matter"The Analogy to Gödel's Incompleteness TheoremOrganizing the Constitution's "Dark Matter"Illustrations following page 1561. Geometric Construction2. Geodesic Construction3. Global Construction4. Geological Construction5. Gravitational Construction6. Gyroscopic ConstructionGeometric ConstructionTime's GeometryA Libertarian PresumptionLochner's Legacy RevisitedGeodesic ConstructionGlobal ConstructionGeological ConstructionGravitational ConstructionGyroscopic ConstructionCoda: Concluding ObservationsSourcesThe Visible Constitution: Its Text and Accompanying ResolutionsThe Declaration of IndependenceIndex
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