The Idea of the Constitution as Hard Law

Journal of Legal Education, Vol. 37, p. 174, 1987

William & Mary Law School Research Paper No. 09-143

11 Pages Posted: 21 Sep 2011 Last revised: 30 Dec 2014

See all articles by William W. Van Alstyne

William W. Van Alstyne

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

Van Alstyne, William W. and 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

William W. Van Alstyne (Contact Author)

William & Mary Law School ( email )

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Duke University School of Law ( email )

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