By Larry Alexander
A unique overseas group of criminal theorists learn the difficulty of constitutionalism and pose such foundational questions as: Why have a structure? How can we recognize what the structure of a rustic quite is? How should still a structure be interpreted? the amount may be of specific significance to these in philosophy, legislation, political technology and diplomacy attracted to no matter if and what forms of constitutions might be followed in nations with no them, and considering debates approximately constitutional interpretation.
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Extra resources for Constitutionalism: Philosophical Foundations
Sample text
It begins Article I, and we could read it to mean all legislative powers granted in Article I, leaving legislative powers granted elsewhere in the Constitution up for grabs. This may seem like a very pernickety question. But consider that much of the constant warfare between Congress and the president in our system concerns whether certain presidential programs involve “legislation” by the executive—for example, in writing regulations to implement new government programs. Perhaps there are “legislative” powers granted in the president’s article, Article II?
1 Even Mycenaean kings were constrained to ask consent from their warrior-subjects and listen to their counsel, whether they were as wise as Nestor or as volatile as Achilles. Before the Revolution, the colonies had been under the authority of the British Parliament. ” Under the Articles of Confederation, there was no president and no federal courts. Little wonder, then, that the legislative branch may have seemed to the Framers the most important to define. Article I sets up the structure and powers of the Congress, and in so doing offers not only a picture of America’s assembly but of the nation it is assembled from.
Whatever impulse led the drafters to make the change has led to profound consequences, certainly in rhetoric and probably in politics. It was an inspired act of ventriloquism. But it was more than pretense. It was aspirational. The Constitution is not a prayer—prayers are addressed to someone, a superior, either an earthly king or a divine lord, and great care is taken to name the addressee and less to characterize the speaker. The Preamble does the reverse. The speaker is “the people,” the words are addressed to the world at large.