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In Marbury v. Madison Chief Justice John Marshall defined the Constitution as "a superior, paramount law," one that superseded the laws passed by ...Show synopsisIn Marbury v. Madison Chief Justice John Marshall defined the Constitution as "a superior, paramount law," one that superseded the laws passed by Congress and state legislatures. What makes it paramount? This book sets out to recover the enduring principles, purposes, and meanings that inform the founders' charter and continue to offer us political guidance more than 200 years later. In so doing it steers a middle course between "originalists" who constrict interpretation to constitutional specifics and "relativists" who adapt the Constitution to the moment by ignoring original meaning. "Original intent," Ralph Ketcham argues, is best discerned by a study of the political climate that nourished the Constitution and the Bill of Rights and, more particularly, by understanding the broader meanings, intentions, and purposes of the framers. To recover this full context of political thinking, Ketcham delves not only into the meaning of the documents but also into the connotations of the framers' vocabulary, the reasoning behind both accepted and rejected propositions, arguments for and against, and unstated assumptions. In his analysis the fundamental or enduring principles are republicanism, liberty, public good, and federalism (as part of the broader doctrine of balance of powers). Ketcham answers convincingly those who question the relevance to modern constitutional interpretation of the finding that the founders were both republican and liberal. He asserts that the rights-protecting character of the Constitution and the Bill of Rights derived from the founders' belief that private rights depended upon active government and public virtue. In other words, private liberties rested on thecitizenry's right to self-governance. James Madison sought to ensure a system of government that would serve as guardian "both of public Good and of private rights." In providing an interpretation of the Constitution and the Bill of Rights that incorporates both republican and liberal perspectives, Ketcham should find a wide readership among politically active citizens, lawyers, judges, and those who teach and study constitutional law and political theory.Hide synopsis
Description:New. Sewn binding. Cloth over boards. 208 p. American Political...New. Sewn binding. Cloth over boards. 208 p. American Political Thought (University of Kansas).
Description:Good. Sewn binding. Cloth over boards. 208 p. American...Good. Sewn binding. Cloth over boards. 208 p. American Political Thought (University Press of Kansas).
Description:New. Sewn binding. Cloth over boards. 208 p. American Political...New. Sewn binding. Cloth over boards. 208 p. American Political Thought (University Press of Kansas). In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
Description:Fine. Sewn binding. Cloth over boards. 208 p. American...Fine. Sewn binding. Cloth over boards. 208 p. American Political Thought (University Press of Kansas). In Stock. 100% Money Back Guarantee. Brand New, Perfect Condition, allow 4-14 business days for standard shipping. To Alaska, Hawaii, U.S. protectorate, P.O. box, and APO/FPO addresses allow 4-28 business days for Standard shipping. No expedited shipping. All orders placed with expedited shipping will be cancelled. Over 3, 000, 000 happy customers.
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Prof. Ketcham posits in order to fully understand the 'original intent' of the 'founding fathers' one must be knowledgeable about where they were coming from. It was the age of enlightenment. The basic premise is that government exists to promote the public good. George Mason insisted Congress ". ...
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