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OverviewFull Product DetailsAuthor: Alexander Tsesis (Associate Professor of Law, Associate Professor of Law, Loyola University Chicago)Publisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 15.50cm , Height: 2.30cm , Length: 23.60cm Weight: 0.431kg ISBN: 9780199359844ISBN 10: 0199359849 Pages: 216 Publication Date: 20 April 2017 Audience: College/higher education , Professional and scholarly , Postgraduate, Research & Scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand ![]() We will order this item for you from a manufactured on demand supplier. Table of ContentsINTRODUCTION 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 CHAPTER 1: PRINCIPLED CONSTITUTIONAL DISCOURSE A. Complex Society B. Discursive Pluralism CHAPTER 2: DECLARATION OF INDEPENDENCE IN HISTORICAL RELIEF A. Identifying Foundational Theory B. Place in History C. Antislavery D. Popular Government and the Common Good CHAPTER 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 CHAPTER 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 CHAPTER 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 CHAPTER 6: MAXIMS AND GOVERNMENT POWER A. Maxims of Public Trust B. Living Up to Ideals C. Principles and Public Opinion D. Interpreting Principles CHAPTER 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 CHAPTER 8: THEORETICAL ALTERNATIVES A. Originalism B. Living Constitutionalism C. Neutral Principles D. Living Up to Constitutional Ideals CHAPTER 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 F. Concluding RemarksReviewsAlex Tsesis has a well-deserved reputation for creative audacity as a constitutional thinker. An earlier book emphasized the importance of the Declaration of Independence to a full appreciation of the American constitutional project. He further develops this argument about America's 'constitutional ethos' by emphasizing, altogether correctly, the importance to paying full attention to the much-too-ignored Preamble of the Constitution. It is the Preamble, after all, that establishes the point and purpose of the overall constitutional enterprise, and Tsesis consistently offers illuminating insights about the merits of fully integrating the Preamble into the way we think about the Constitution. One hopes that this book will be widely read and that it will lead to a welcome change in the very way constitutional law is taught in American law schools, which now basically ignores the Preamble. -Sanford Levinson, author of <em>Framed: America's 51 Constitutions and the Crisis of Governance</em> Among the most interesting parts of this pervasively interesting book is its treatment of the Declaration of Independence and the Preamble as sources of constitutional meaning. Tsesis makes a strong case, historically and normatively, for expanding the domain of constitutional guidance and recognizing that the Declaration of Independence and the Preamble are part of the American constitutional tradition. -Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia Alex Tsesis has a well-deserved reputation for creative audacity as a constitutional thinker. An earlier book emphasized the importance of the Declaration of Independence to a full appreciation of the American constitutional project. He further develops this argument about America's 'constitutional ethos' by emphasizing, altogether correctly, the importance to paying full attention to the much-too-ignored Preamble of the Constitution. It is the Preamble, after all, that establishes the point and purpose of the overall constitutional enterprise, and Tsesis consistently offers illuminating insights about the merits of fully integrating the Preamble into the way we think about the Constitution. One hopes that this book will be widely read and that it will lead to a welcome change in the very way constitutional law is taught in American law schools, which now basically ignores the Preamble. -Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance Among the most interesting parts of this pervasively interesting book is its treatment of the Declaration of Independence and the Preamble as sources of constitutional meaning. Tsesis makes a strong case, historically and normatively, for expanding the domain of constitutional guidance and recognizing that the Declaration of Independence and the Preamble are part of the American constitutional tradition. -Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia Author InformationAlexander Tsesis is Raymond & Mary Simon Chair in Constitutional Law and Professor of Law at the Loyola University School of Law. He is the author of For Liberty and Equality (Oxford University Press) and We Shall Overcome (Yale University Press). Tab Content 6Author Website:Countries AvailableAll regions |