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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 |
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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
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