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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Constitutional Morality and the Rise of Quasi-Law (Hardcover)
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Constitutional Morality and the Rise of Quasi-Law (Hardcover)
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Americans are increasingly ruled by an unwritten constitution
consisting of executive orders, signing statements, and other forms
of quasi-law that lack the predictability and consistency essential
for the legal system to function properly. As a result, the U.S.
Constitution no longer means what it says to the people it is
supposed to govern, and the government no longer acts according to
the rule of law. These developments can be traced back to a change
in "constitutional morality," Bruce Frohnen and George Carey argue
in this challenging book. The principle of separation of powers
among co-equal branches of government formed the cornerstone of
America's original constitutional morality. But toward the end of
the nineteenth century, Progressives began to attack this bedrock
principle, believing that it impeded government from "doing the
people's business." The regime of mixed powers, delegation, and
expansive legal interpretation they instituted rejected the ideals
of limited government that had given birth to the Constitution.
Instead, Progressives promoted a governmental model rooted in
French revolutionary claims. They replaced a Constitution designed
to mediate among society's different geographic and socioeconomic
groups with a body of quasi-laws commanding the democratic
reformation of society. Pursuit of this Progressive vision has
become ingrained in American legal and political culture-at the
cost, according to Frohnen and Carey, of the constitutional
safeguards that preserve the rule of law.
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