Foundations of American Constitutionalism

Hardcover | April 30, 1999

byDavid A. J. Richards

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In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanistanalytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and freespeech), unenumerated rights (the constitutional right to privacy), and equal protection.

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From Our Editors

The idea of Founders' intent continues to be a remarkably durable force in American constitutional interpretation. It is consequently necessary that any acceptable theory of the proper interpretation of the Constitution give weight and sense to this American practice.

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In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanistanalytical methods and working assumptions, this b...

David A. J. Richards is at New York University School of Law.

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Format:HardcoverDimensions:338 pages, 9.57 × 6.38 × 1.22 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0195059395

ISBN - 13:9780195059397

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From Our Editors

The idea of Founders' intent continues to be a remarkably durable force in American constitutional interpretation. It is consequently necessary that any acceptable theory of the proper interpretation of the Constitution give weight and sense to this American practice.

Editorial Reviews

"Within the voluminously accumulating literature resulting not only from the bicentennial celebrations of our political institutions but also from the growing contemporary concerns about human rights and fundamental laws, Richards' though-provoking, well-argued, and scholarly work on Americanconstitutionalism wins high place." Transactions of the C.S. Pierce Society