The Idea of the Constitution as Hard Law
William W. Van Alstyne
Duke University School of Law; William & Mary Law School
Journal of Legal Education, Vol. 37, p. 174, 1987
William & Mary Law School Research Paper No. 09-143
This article explores the idea of the Constitution as actual law rather than a simple statement of ideals. Although the Framers completed their original goal of correcting the Articles of Confederation by laying out a simple structure of government, the overly functional nature of the checks and balances included in the Constitution signals that it serves the greater purpose of a functional guide and by extension, acts as law itself.
Number of Pages in PDF File: 11
Keywords: constitutional interpretation, Framers, Articles of ConfederationAccepted Paper Series
Date posted: September 21, 2011 ; Last revised: December 30, 2014
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