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Judges, Courts, And Scholars In The United States Agree That The Constitution Is The Supreme Law Of The Land, But There Is Much Disagreement About Its Meaning. So What Seems To Be Incontestable Truth Is Riddled With Disagreements About Every Day Questions Of Decision Making On Matter Such As Whether People Are Entitled To Government Created Programs, What Rights Are Fundamental, The Criteria For Voting, The Three Branches Of Governments' Several Responsibilities, And Even Who Should Have The Final Say In Defining The Constitution's Meaning. Constitutional Ethos Is A Groundbreaking Investigation Into The Fundamental Principles Of Constitutional Principle, Meaning, And Interpretation. It Explores The Core Purposes Of American Representative Democracy In Light Of Historical Sources, Recent Precedents, And Contemporary Debates. Alexander Tsesis Argues That A Central Norm Of U.s. Law Can Be Derived From The Declaration Of Independence And Preamble. This Book Develops A Theory Of Constitutional Law Structured On The Public Duty To Protect Individual Rights For The General Welfare. The Maxim Of Constitutional Governance Synthesizes The Protection Of Individual And Public Rights. The Ideal Is Neither Solely Theoretical Nor Customary But Tied To A Firm Foundation That The People Then Build Upon By Lobbying Elected Officials And Petitioning Appointed Judges. Representative Government Has An Interlinked Obligation To The Individual And The General Welfare. This Paradigm For Responsible Governance Sets The Baseline Against Which Citizens Can Hold Policy Makers Accountable To The Structural And Normative Commitments Of The Constitution. A Pluralistic System Must Respect Human Dignity And Govern For The Betterment Of The Body Politic. Those Mandates Set The Terms For Exercising Legitimate Power At The Federal, State, And Local Levels To Protect Individual Rights To Achieve The Common Good Of Civil Society. Tsesis Demonstrates That Ethos Is Binding On The Conduct Of All Three Branches.
This book investigates the core principles of American constitutional interpretation by proposing a unified theory centered on the public duty to protect individual rights for the general welfare. Alexander Tsesis, a legal scholar, draws upon historical documents such as the Declaration of Independence and the Preamble to the Constitution to establish a normative framework for governance. He argues that representative government carries an interlinked obligation to both the individual and the collective body politic, providing a standard by which citizens can hold policy makers accountable. By synthesizing individual and public rights, the author seeks to resolve persistent disagreements regarding the meaning and application of constitutional law.
What You Will Find
Legal scholars and students of political theory view this work as a rigorous attempt to provide a cohesive ethical structure to American constitutional law. Readers frequently note the academic density of the prose, which serves as a detailed resource for those interested in the intersection of democratic theory and judicial practice.
Page Count:
336
Publication Date:
2017-01-01
Publisher:
Oxford University Press
ISBN-10:
0199359857
ISBN-13:
9780199359851
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