Abstract

http://ssrn.com/abstract=1931075
 


 



The Idea of the Constitution as Hard Law


William W. Van Alstyne


Duke University School of Law; William & Mary Law School

1987

Journal of Legal Education, Vol. 37, p. 174, 1987
William & Mary Law School Research Paper No. 09-143

Abstract:     
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 Confederation

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Date posted: September 21, 2011 ; Last revised: May 6, 2014

Suggested Citation

Van Alstyne, William W., The Idea of the Constitution as Hard Law (1987). Journal of Legal Education, Vol. 37, p. 174, 1987; William & Mary Law School Research Paper No. 09-143. Available at SSRN: http://ssrn.com/abstract=1931075

Contact Information

William W. Van Alstyne (Contact Author)
Duke University School of Law ( email )
Box 90360
Duke School of Law
Durham, NC 27708
United States
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
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