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9780691025544

Beyond the Constitution

by
  • ISBN13:

    9780691025544

  • ISBN10:

    0691025541

  • Edition: Reprint
  • Format: Paperback
  • Copyright: 1992-09-08
  • Publisher: Princeton Univ Pr

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Summary

Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

Author Biography

Hadley Arkes is Edward Ney Professor of Jurisprudence and American Institutions at Amherst College

Table of Contents

Acknowledgementsp. ix
Introductionp. 3
The "Reasoning Spirit" of the Constitutionp. 21
Moving Beyond the Textp. 40
On the Dangers of a Bill of Rights: Restating the Federalist Argumentp. 58
Life among the Clausesp. 81
The Sweep of Civil Rights and the Maze of Federalismp. 112
On the Art of "Incorporating" Rightsp. 150
Incriminations: Self, and Othersp. 173
Neonates and Reprobates: The Reach of a Government Competent to Its Endsp. 206
Notesp. 249
Indexp. 273
Table of Contents provided by Syndetics. All Rights Reserved.

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