More Ground-Breaking Constitutional Theories:
"Last year I blogged about a fascinating new approach to constitutional interpretation that Georgetown law professor Nicholas Quinn Rosenkranz was developing, in a Stanford Law Review article called “The Subjects of the Constitution.” Now Nick has a sequel, titled, naturally, “The Objects of the Constitution.” Here’s an excerpt from the abstract:
In short, this Article and its predecessor, The Subjects of the Constitution, amount to a new model of constitutional review, a new lens through which to read the Constitution. This approach begins with a grammatical exercise: identifying the subjects and objects of the Constitution. But this is hardly linguistic casuistry or grammatical fetishism. The subjects and objects of the Constitution are not merely features of constitutional text; they are the pillars of constitutional structure. The very words “federalism” and “separation of powers” are simply shorthand for the deep truth that the Constitution empowers and restricts different governmental actors in different ways.
To elide the who question is to overlook the central feature of our constitutional structure. And it is this structure, above all, that is the object of the Constitution."
Gunny G Favorites!
- AMERICA BACK TO ITS ROOTS? FIRST, DESTROY THE R PARTY!
- AMERICAN IMPERIALISM
- ARE COPS CONSTITUTIONAL? AS STANDING ARMY? RIGHT TO BE LEFT ALONE?, ETC.
- ARE POLICE OBLIGATED TO PROTECT CITIZENS?
- BING! (Pvt)
- BLOGGERS: THE NEW PAMPHLETEERS
- CHESTY PULLER...ON LOYALTY DOWN...
- CONSTITUTION: WRITINGS BY SEVERAL AUTHORS
- COWBOY NATION
- DR ED RIVERA, PROFESSOR OF LAW AND GOVERNMENT...
- GUNNY G SITES, ETC.
- INCOME TAX NOT NECESSARY
- KARL MARX, HORACE GREELEY, and JFK, Etc.
- NEW PAMPHLETEERS
- NO, OBAMA DID NOT DO IT ALL BY HIMSELF !!!!!
- NOW BLOG THIS! ~ GET YOUR OWN BLOG & START BLOGGING RIGHT NOW!
- OUR SECRET CONSTITUTION
- OUR TRUE HERITAGE and HISTORY: YET ANOTHER VIEW...
- PERENNIS: EUROPE'S PLAN TO SAVE THE SOUTH
- REAGAN ON CONSERVATISM and LIBERTARIANISM...
- REPUBLIC OR "GENUINE" DEMOCRACY: ANOTHER VALID VIEW !!!!!
- THE "R" PARTY: RED FROM THE START By: ALAN STANG
- THE MEN WHO DESTROYED THE CONSTITUTION ~ BY: THOMAS DILORENZO
- THE REAL RON PAUL
- THE REVOLUTION WILL NOT BE AMERICAN !
- UNDERSTANDING WHY THE CONSTITUTION WAS AND REMAINS A DETRIMENT TO INDIVIDUAL LIBERTY
- WHAT IS A NEOCON, PSEUDO-CON, AINO?
- What Is The FOURTH ESTATE or Fourth Branch of Government ?
- WHY THE CONSTITUTION HAD TO BE DESTROYED (TJD)
- why the gun is civilization
- WOODROW WILSON REVEALING SPEECH!