Home > Subject index > Law > Table of contents > Chapter abstract
Constitutional Interpretation
The Basic Questions
Barber, Sotirios A. Professor of Political Science, University of Notre Dame
Fleming, James E. The Honorable Frank R. Kenison Distinguished Scholar in Law, Boston University School of Law
Print publication date: 2007 (this edition)
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-532857-8
doi:10.1093/acprof:oso/9780195328578.003.0003
Sotirios A. Barber
James E. Fleming
This chapter sketches the principal features of the American constitutional order by explicating the broad themes of The Federalist. It shows that The Federalist embraces a positive constitutionalism, conceiving the Constitution as an instrument for pursuing positive benefits and ends; not a negative constitutionalism, viewing the Constitution as primarily a set of limitations upon government. Drawing upon Martin Diamond's classic analysis, the chapter puts forth the principal features as the basic conditions of a large commercial republic animated by commitments to responsible government (government that serves the public's true interests) as distinguished from government that is merely responsive to the public's immediate inclinations.
Keywords: democracy, Martin Diamond, energy in government, instrumental nature of the Constitution, large commercial republic, negative constitutionalism, positive constitutionalism, principal features of American Constitution, responsible government,
doi:10.1093/acprof:oso/9780195328578.003.0003
Quick Search Form

 
scroll up fast
scroll up
 
scroll down
scroll down fast
PART I
PART II