Our Constitution

Our Constitution
Author: Donald A. Ritchie
Publisher: Oxford University Press, USA
Total Pages: 264
Release: 2006
Genre: History
ISBN:

WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?

The Origins of the Necessary and Proper Clause

The Origins of the Necessary and Proper Clause
Author: Gary Lawson
Publisher: Cambridge University Press
Total Pages: 191
Release: 2010-07-05
Genre: Law
ISBN: 1139489844

The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.

“A Great Power of Attorney”

“A Great Power of Attorney”
Author: Gary Lawson
Publisher: University Press of Kansas
Total Pages: 228
Release: 2017-05-05
Genre: Political Science
ISBN: 0700624252

What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.

Impasse in Bolivia

Impasse in Bolivia
Author: Benjamin Kohl
Publisher: Zed Books
Total Pages: 260
Release: 2006-05
Genre: Business & Economics
ISBN: 9781842777596

Presents a study of the obstacles encountered by neoliberalism and market democracy in Bolivia. This book explores the problems faced by governments in reproducing global strategies at the national level, the tensions between markets and democracy, state restructuring, citizenship and property rights.