Framed for Posterity The Enduring Philosophy of the Constitution
List price: $37.00
Buy it from $17.99
This item qualifies for FREE shipping
*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.
30 day, 100% satisfaction guarantee
If an item you ordered from TextbookRush does not meet your expectations due to an error on our part, simply fill out a return request and then return it by mail within 30 days of ordering it for a full refund of item cost.
Learn more about our returns policy
Description: In Marbury v. Madison Chief Justice John Marshall defined the Constitution as "a superior, paramount law," one that superseded the laws passed by Congress and state legislatures.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 the citizenry'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.
Rush Rewards U
You have reached 400 XP and carrot coins. That is the daily max!
Limited time offer:
Get the first one free!
All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.
List price: $37.00
Copyright year: 1993
Publisher: University Press of Kansas
Publication date: 5/1/1993
Size: 5.91" wide x 9.06" long x 1.00" tall
Ralph Ketcham is professor of American studies at the Maxwell School of Citizenship and Public Affairs of Syracuse University.
|What Is a Constitution?|
|The Question of Original Intent|
|The Constitution as Higher Law|
|Constitutionalism in the United States|
|The Enduring Principles of the Constitution|
|The Public Good|
|Federalists and Antifederalists|
|The Bill of Rights|
|Government by Consent|
|The Constitution in the Twenty-First Century|
|The Limits of Constitutional Prescription|
|The Constitution: What the Judges Say It Is?|
|Personal Liberty and Political Freedom|