Peopling the Constitution / John E. Finn.
Uniform Title: | Constitutional thinking.
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Main Author: | |
Language: | English |
Published: |
Lawrence, Kansas :
University Press of Kansas,
[2014]
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Series: | Constitutional thinking.
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Subjects: | |
Physical Description: | xv, 350 pages ; 25 cm. |
Format: | Book |
Contents:
- INTRODUCTION
- Civic Aspirations as Constitutional Commitments
- Civic and Constitutional
- Is the Civic Constitution a Justice-Seeking Constitution?
- Is the Civic Constitution a Deliberate Constitution?
- Constitutional Maintenance and Civic Work
- Civic Space
- Civility
- Criticism of Civility
- Incivility
- Tending
- The Essasy
- Essay One: Constituting
- Essay Two: Maintaining
- Essay Three: Failing
- Conclusion
- ESSAY ONE: CONSTITUTING
- Constituting and the Civic Constitution
- The Civic Constitution and the Text
- Writing the Civic Text
- Reading the Civic Text
- One Constitution, Many Texts
- Constitutions as Civic Practices
- The Civic Constitution and Institutions
- Separation of Powers
- Federalism
- Other Design Decisions
- Constitutional Review and the Civic Constitution
- The Civic Constitution and Citizens
- Constituting Citizens
- How to Create Civic Citizens
- Civic Skills and Competencies
- The Civic Constitution and Culture: Configuring a Civic Culture
- Conclusion
- ESSAY TWO: MAINTAINING
- What: Maintaining a Constitutional Way of Life
- Who: Assigning Responsibility for Maintaining the Constitution
- Civic Virtue and Civil Society
- Citizenship and Civic Education
- The Civic Constitution and Civic Knowledge
- Formal Pedgogy
- Civic Curricula
- Political Participation
- Associational Life
- How to Maintain the Civic Constitution
- Separations of Power: Horizontal and Vertical
- Constitutional Interpretation as Constitutional Maintenance
- The Juridic Constitution and Constitutional Interpretation
- The Civic Constitution and Constitutional Interpretation
- Allocations of Interpretive Authority
- How to Interpret?
- Constitutional Change and Constitutional Amendments
- Time and Identity
- Civic Not Democratic
- Article 5 Amendments
- Extra-Article 5 Amendments
- Conclusion
- ESSAY THREE: FAILING
- Not a Grand Unified Theory of Constitutional Failure
- The Chronology of Failure
- Founding Failures
- Maintenance Failures
- Constitutional Failure and the Juridic Constitution
- Civic Success
- Civic Failure
- Failures of Fidelity
- Failures of Civility
- Constitutional Rot as a Variety of Constitutional Failure
- Recognizing Rot: Constitutional Change after 9/11
- Implications for Constitutional Governance
- Torture
- The Preclusive Presidency and the Separation of Power
- The Preclusive Presidency
- The Security Regime and Civic Deliberation
- Urgency and Deliberation
- Secrecy and Deliberation
- From Exceptional to Ordinary, Temporary to Permanent
- Civic Deliberation and Judicial Review of the Antiterrorism Regime
- Assessing Rot
- Conclusion
- CONCLUSION.