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The United States Constitution, as amended, is a complex legal
document which sets out the structure of the federal government,
the legal authorities of that government (and, to a lesser extent,
state governments), and, finally, a series of legal disabilities on
the exercise of those authorities (such as protections for
individual rights). The document also addresses the complicated
legal relationship between the federal government, state
governments, and the persons subject to their respective
jurisdictions. Judicial interpretation of some of the
Constitution's provisions, however, has varied over the last two
centuries, leading to concerns regarding the ultimate validity of
these decisions. This book examines the historical basis for
theories of constitutional interpretation, and the role of judicial
precedent and pragmatism. Also discussed are the theories relating
to the identification and justification of heightened
constitutional protections for fundamental rights.
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