Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
Mariah Zeisberg This paper considers the significance of the American contributed greatly to the development of the idea of the conConstitution's distinctive structuring of the branches for our stitution's supremacy, yet his notion of constitutionalism was understanding of constitutional purposes generally, and for oriented, not around constraint, but around the supremacy of executive prerogative as regards war powers, more specifically. I constitutional purposes.4 argue that constitutional theories which emphasize constraint as a An understanding of constitutional fidelity like Marshall's, primary conceptual category are inadequate, and I instead argue one which emphasizes purposes over constraint, is more consonant with the framers' understanding. The framers were almost that constitutional fidelity starts with the effective pursuit of proper government purposes. From an examination of obsessed with "energetic" government, government with the capacity to pursue the ends that are properly those of governthe political conditions supporting the operation of the three ment.5 They understood, as we understand today, that political branches, I suggest that the Constitution's purposes include the freedom requires more than limited establishment of a system of intergovernment. In fact, sometimes branch deliberation as a means, and the From an examination of the political government will have to act strongly
The Good Society – Penn State University Press
Published: Nov 4, 2004
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.