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The Revolutionary Constitution (Hardcover)
Loot Price: R1,273
Discovery Miles 12 730
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The Revolutionary Constitution (Hardcover)
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The framers of the Constitution chose their words carefully when
they wrote of a more perfect union-not absolutely perfect, but with
room for improvement. Indeed, we no longer operate under the same
Constitution as that ratified in 1788, or even the one completed by
the Bill of Rights in 1791-because we are no longer the same
nation. In The Revolutionary Constitution, David J. Bodenhamer
provides a comprehensive new look at America's basic law,
integrating the latest legal scholarship with historical context to
highlight how it has evolved over time. The Constitution, he notes,
was the product of the first modern revolution, and revolutions
are, by definition, moments when the past shifts toward an
unfamiliar future, one radically different from what was foreseen
only a brief time earlier. In seeking to balance power and liberty,
the framers established a structure that would allow future
generations to continually readjust the scale. Bodenhamer explores
this dynamic through seven major constitutional themes: federalism,
balance of powers, property, representation, equality, rights, and
security. With each, he takes a historical approach, following
their changes over time. For example, the framers wrote multiple
protections for property rights into the Constitution in response
to actions by state governments after the Revolution. But
twentieth-century courts-and Congress-redefined property rights
through measures such as zoning and the designation of historical
landmarks (diminishing their commercial value) in response to the
needs of a modern economy. The framers anticipated just such a
future reworking of their own compromises between liberty and
power. With up-to-the-minute legal expertise and a broad grasp of
the social and political context, this book is a tour de force of
Constitutional history and analysis.
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