Constitutional Ethos : Liberal Equality for the Common Good.

Format:

Book

Author/Creator:

Tsesis, Alexander.

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

Liberalism--United States.

Liberalism.

United States. Declaration of Independence.

United States.

Physical Description:

1 online resource (217 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, Incorporated, 2017.

Summary:

Constitutional Ethos persuasively demonstrates the relevance of the Declaration of Independence and U.S. Constitution's Preamble to constitutional interpretation. Tsesis skillfully uses history, doctrine, and philosophical analysis to demonstrate the relevance of principle to the resolution of contemporary legal issues from healthcare, to campaign financing, and public accommodation law.

Contents:

Cover

Constitutional Ethos

Copyright

Contents

Acknowledgments

Introduction

A. Constitution and Theory

B. Written Constitution and Norms

C. Theoretical Validity

D. Constitutional Rights and Social Equality

E. Other Theories

PART I SOURCES OF CONSTITUTIONAL LAW

1. Principled Constitutional Discourse

A. Complex Society

B. Discursive Pluralism

2. Declaration of Independence in Historical Relief

A. Identifying Foundational Theory

B. Place in History

C. Antislavery

D. Popular Government and the Common Good

3. Declaration of Independence and the American Dream

A. Declaration of Principle

B. Declaration and Constitution

C. Ethical Standard

D. The Declaration and the Structure of Government

E. Declaration of Independence, Constitution, and the Reconstruction Amendments

1. Declaration of Independence and Constitutional Meaning

2. The Wisdom of Reconstruction

3. Enforcement of the Ideal

F. Judicial Rollback

4. The Preamble and General Welfare

A. From Declaration of Independence to Preamble

B. Preamble as Constitutional Gateway

C. The People of the United States

D. Pluralistic Federalism

E. General Welfare and Federal Involvement in Public Programs

PART II ETHOS AND MAXIMS

5. Constitutional Ethos

A. Constitution and Ethos

B. Stable Ideal of Government

C. Generalities and Facts

D. Norms and Aspirations

E. Modality and Procedure

F. Individual and Society

6. Maxims and Government Power

A. Maxims of Public Trust

B. Living Up to Ideals

C. Principles and Public Opinion

D. Interpreting Principles

7. Maxim of Constitutional Governance

A. Interpretive Construction

B. Collective Cooperation

C. Rights and General Welfare

D. Personal Interests and Social Ends

E. Progressive Constitutionalism.

PART III INTERPRETIVE CONTEXTS AND APPLICATION

8. Theoretical Alternatives

A. Originalism

B. Living Constitutionalism

C. Neutral Principles

D. Living Up to Constitutional Ideals

9. Maxim Constitutionalism Today

A. Political Community

B. Personal Heath and Public Welfare

C. State Sovereign Immunity

D. Congressional Authority and Judicial Barriers to Its Exercise

E. Conflicting Religious Liberties and Civil Rights

F. Concluding Remarks

Notes

Index.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-935986-5

0-19-935985-7