Constitutional ethos : liberal equality for the common good /

Bibliographic Details
Main Author:	Tsesis, Alexander (Author)
Corporate Author:	ProQuest (Firm)
Format:	eBook
Language:	English
Published:	New York, NY : Oxford University Press, 2017.
Subjects:	United States. > Declaration of Independence. Constitutional law > United States. Liberalism > United States. Electronic books.
Online Access:	Connect to the full text of this electronic book

Table of 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 PrincipleB. 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 ProgramsPART 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 ConstitutionalismPART 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.