Madison v. Marshall : popular sovereignty, natural law, and the United States Constitution / Guy Padula.

Format:

Book

Author/Creator:

Padula, Guy, 1965-

Language:

English

Subjects (All):

Madison, James, 1751-1836.

Madison, James.

Marshall, John, 1755-1835.

Marshall, John.

Constitutional history--United States.

Constitutional history.

United States.

Constitutions.

Physical Description:

viii, 199 pages ; 24 cm

Other Title:

Madison versus Marshall

Place of Publication:

Lanham [Md.] : Lexington Books, [2001]

Summary:

Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.

Notes:

Includes bibliographical references (pages 181-193) and index.

ISBN:

0739102605

OCLC:

46633989