Beyond the Constitution

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ISBN: 9780691025544 | 0691025541
Cover: Paperback
Copyright: 9/8/1992

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Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

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Acknowledgements	p. ix
Introduction	p. 3
The "Reasoning Spirit" of the Constitution	p. 21
Moving Beyond the Text	p. 40
On the Dangers of a Bill of Rights: Restating the Federalist Argument	p. 58
Life among the Clauses	p. 81
The Sweep of Civil Rights and the Maze of Federalism	p. 112
On the Art of "Incorporating" Rights	p. 150
Incriminations: Self, and Others	p. 173
Neonates and Reprobates: The Reach of a Government Competent to Its Ends	p. 206
Notes	p. 249
Index	p. 273
Table of Contents provided by Syndetics. All Rights Reserved.

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Beyond the Constitution

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