The Idea of the Constitution as Hard Law
11 Pages
Posted: 21 Sep 2011
Last revised: 30 Dec 2014
Duke University School of Law; William & Mary Law School
Date Written: 1987
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.
Keywords: constitutional interpretation, Framers, Articles of Confederation
Suggested Citation:
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: https://ssrn.com/abstract=1931075
