Constitutionalism: Philosophical Foundations by Larry Alexander

Constitutionalism: Philosophical Foundations by Larry Alexander

By Larry Alexander

A exotic overseas crew of felony theorists study the problem of constitutionalism and pose such foundational questions as: Why have a structure? How can we be aware of what the structure of a rustic rather is? How may still a structure be interpreted? the amount may be of specific value to these in philosophy, legislation, political technology and diplomacy attracted to even if and what different types of constitutions might be followed in nations with out them, and inquisitive about debates approximately constitutional interpretation.

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So, how come the Constitution doesn’t say in so many words that capital punishment is okay as long as certain due process is given? Because the Constitution doesn’t restate the whole of the criminal law, which had always imposed the death penalty for murder, treason, and other “infamous” crimes. The presence of these references to capital punishment in the Fifth and Fourteenth amendments, side by side with the ban on “cruel and unusual punishments” in the Eighth Amendment, makes it crystal clear that capital punishment in itself was not viewed as being cruel and unusual.

Although the Unites States was born out of a bitter struggle with Britain, the leading citizens of the new nation — including the Framers of the Constitution (see Chapter 1) — were of British stock. They were educated men steeped in English law and familiar with British political institutions and philosophy. S. Constitution drew on these British sources — but no wonder either that it departed from British traditions in some major ways too, sometimes deliberately and sometimes accidentally. indd 17 4/15/09 10:59:52 PM 18 Part I: Exploring Constitutional Basics Building on Magna Carta Magna Carta (Latin for “Great Charter”) is a document dating back to the year 1215 containing a number of concessions made by King John of England to his rebellious barons.

Analyzing the Concepts Underlying the Declaration of Independence The American colonists had an ambivalent attitude toward the British Constitution. Their leaders steeped themselves in the traditions of the British Constitution and generally identified with the revolutionary spirit that had led to the execution of one king — Charles I in 1649 — and the expulsion of another — James II in 1689. They regarded themselves as entitled to the same rights as natural-born Englishmen but found themselves treated at best as second-class subjects.

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