A Community Built on Words
Subtitle: The Constitution in History and Politics
Publisher: University Of Chicago Press
Published: September 15, 2002
Language: eng
Format: Hardcover
Number of pages: 261
ISBN-13: 9780226677231
Subjects: Constitutional & administrative law; History of specific subjects; U.S. Constitutional History; Political Science; Legal Reference / Law Profession; Law; USA; Constitutional; Law / Constitutional; Constitutions; Constitutional Law; Constitutional history; Politics and government; United States
First sentence: Among the American founders, Gouverneur Morris had a special vantage point from which to think about the Constitution of the United States.
Description: "H. Jefferson Powell offers a new approach to one of the central issues in American constitutional thinking today: the problem of constitutional law's historicity, or the many ways in which constitutional arguments and outcomes are shaped both by historical circumstances and by the political goals and commitments of various actors, including judges.

The presence of such influences is often considered highly problematic: if constitutional law is political and historical through and through, then what differentiates it from politics per se, and what gives it integrity and coherence?

Powell argues that constitutional theory has as its (sometimes hidden) agenda the ambition of showing how constitutional law can escape from history and politics, while much constitutional history seeks to identify a historically true meaning of the constitutional text that, once uncovered, can serve as a corrective to subsequent deviations from that truth.

Combining history and theory, Powell analyzes a series of constitutional controversies from 1790 to 1944 to demonstrate that constitutional law from its very beginning has involved politically charged and ideologically divisive arguments. Nowhere in our past can one find the golden age of a political constitutional thinking that a great deal of contemporary scholarship seeks or presupposes.

Viewed over time, American constitutional law is a history of political dispute couched in constitutional terms. A Community Built on Words will be must reading for any student of constitutional history, theory, or law"--BOOK JACKET.