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The Constitution as Political Structure - Martin H. Redish

The Constitution as Political Structure

Hardcover

Published: 5th January 1995
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Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure.
The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory.
In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.

"This is a wise book, full of compelling arguments and intereesting legal history. It could provide a good foundation for many appellate briefs addressing public policy issues."--The Appellate Practice Journal "Redish's language is technical, but his writing is solid and bracing....Highly recommended for students of constitutional law at all levels."--Choice "...Redish develops a thoughtful and thorough critique... Redish has produced a surprisingly satisfying textual analysis of the structural provisions of the Constitution. The satisfaction is surprising because his approach is so unfashionably traditional."--The Annals of the American Academy "This is a wise book, full of compelling arguments and intereesting legal history. It could provide a good foundation for many appellate briefs addressing public policy issues."--The Appellate Practice Journal "Redish's language is technical, but his writing is solid and bracing....Highly recommended for students of constitutional law at all levels."--Choice "...Redish develops a thoughtful and thorough critique... Redish has produced a surprisingly satisfying textual analysis of the structural provisions of the Constitution. The satisfaction is surprising because his approach is so unfashionably traditional."--The Annals of the American Academy

Prefacep. vii
Introduction: Political Structure, Democratic Theory, and Constitutional Textp. 3
Federalism, the Constitution, and American Political Theoryp. 23
Conclusionp. 60
The Dormant Commerce Clause and the Constitutional Balance of Federalismp. 63
Pragmatic Formalism and Separation of Powersp. 99
Conclusionp. 133
p. 135
Conclusion: Liberalism, Constitutional Theory, and Political Structurep. 163
Notesp. 167
Table of Casesp. 223
Indexp. 227
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780195070606
ISBN-10: 0195070607
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 240
Published: 5th January 1995
Country of Publication: US
Dimensions (cm): 23.67 x 15.9  x 2.13
Weight (kg): 0.48