This work examines the relation between the concept of "the people" and the design of the American constitution. It asks such questions as: Who is included among the people?; How are the people politically configured?; How may the people act?; and how do the people relate to government structures? The author considers historical material from the antebellum period, such as the opinions of the US Supreme Court justices in the Dred Scott case, and different perspectives from the writings and speeches of Frederick Douglass. Influential thinking from the founding period is covered; and there is also an examination of issues raised by claims of state interpretive autonomy. The conclusion models various dimensions of the constitutional order as a whole.
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Book Description
Editorial Reviews
Review
"The entire package within which these familiar positions take shape is often refreshingly original.... There is much in Moore's work that merits attention from constitutional theorists." -- Gary Jeffrey Jacobsohn, The Law and Politics Book Review
"[Moore's] reflections on constitutional law are excellent. . . . This book will be useful to professors of Constitutional Law and possibly to students in courses in advanced studies of the Constitution. . . . Professor Moore's treatment of the Dred Scott decision is especially interesting since it weaves in materials that will not be familiar to many readers." -- Robert F. Drinan, Law Books in Review
"[Moore's] reflections on constitutional law are excellent. . . . This book will be useful to professors of Constitutional Law and possibly to students in courses in advanced studies of the Constitution. . . . Professor Moore's treatment of the Dred Scott decision is especially interesting since it weaves in materials that will not be familiar to many readers." -- Robert F. Drinan, Law Books in Review
Review
Wayne Moore is asking fresh and interesting questions about what it means to participate in a constitutional regime based on the idea of popular sovereignty.... Anyone interested in American Constitutionalism would benefit from this book. (Sanford Levinson, University of Texas, Austin )
--This text refers to the
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This review is from: Constitutional Rights and Powers of the People (Hardcover)
Honored as the best book on law published in 1996 -- C. Herman Pritchett Award, Law and Courts Section, American Political Science Association, August 199
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Inside This Book
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First Sentence:
The words "people of the United States" and "citizens" are synonymous terms, and mean the same thing. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
initial amending, crosscutting norms, radical antislavery constitutionalists, radical antislavery constitutionalism, nullifying authority, state commercial powers, enumerating rights, state governmental powers, constitutional terrain, residual prerogatives, interpretive autonomy, interpretive independence, interpretive precedents, reserved prerogatives, conflicting exercises, constitutional people, unenumerated rights, relational premises, interpretive commitments, principal delegations, dissenting states, constitutional enterprise, constitutional citizenship, hoc conventions, constitutional delegations Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Dred Scott, Supreme Court, Kentucky Resolutions, Virginia Resolutions, Thomas Jefferson, Frederick Douglass, Papers of James Madison, Civil War, First Congress, Alexander Hamilton, Declaration of Independence, Complete Anti-Federalist, Documentary History of Ratification, Princeton University Press, House of Representatives, The Interpretable Constitution, Abraham Lincoln, Sanford Levinson, University of Chicago Press, Chapel Hill, Harvard University Press, James Wilson, Oxford University Press, Andrew Jackson New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
The words "people of the United States" and "citizens" are synonymous terms, and mean the same thing. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
initial amending, crosscutting norms, radical antislavery constitutionalists, radical antislavery constitutionalism, nullifying authority, state commercial powers, enumerating rights, state governmental powers, constitutional terrain, residual prerogatives, interpretive autonomy, interpretive independence, interpretive precedents, reserved prerogatives, conflicting exercises, constitutional people, unenumerated rights, relational premises, interpretive commitments, principal delegations, dissenting states, constitutional enterprise, constitutional citizenship, hoc conventions, constitutional delegations Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Dred Scott, Supreme Court, Kentucky Resolutions, Virginia Resolutions, Thomas Jefferson, Frederick Douglass, Papers of James Madison, Civil War, First Congress, Alexander Hamilton, Declaration of Independence, Complete Anti-Federalist, Documentary History of Ratification, Princeton University Press, House of Representatives, The Interpretable Constitution, Abraham Lincoln, Sanford Levinson, University of Chicago Press, Chapel Hill, Harvard University Press, James Wilson, Oxford University Press, Andrew Jackson New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 80
books:
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12
books
cite this book:
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- The Interpretable Constitution (The Johns Hopkins Series in Constitutional Thought) by Professor William F. Harris II on 11 pages
- Constitutional Revolution by Edward S. Corwin on 6 pages
- The Complete Anti-Federalist [Set of 7] by Herbert J. Storing on 5 pages
- The Papers of Thomas Jefferson by Thomas Jefferson on 5 pages
- Frederick Douglass by P. S. Foner on 4 pages
See all 80 books this book cites
- Constitutional Politics: Essays on Constitution Making, Maintenance, and Change. by Sotirios A. Barber on 4 pages
- The Democratic Constitution by Neal Devins on page 240, and Back Matter
- Who Qualifies for Rights: Homelessness, Mental Illness, and Civil Commitment by Judith Lynn Failer in Back Matter (1), and Back Matter (2)
- Taking the Constitution Away from the Courts by Mark Tushnet in Front Matter, and Back Matter
- Free in the World by Mark E. Brandon on page 169, and Back Matter
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