The Idea of the Constitution as Hard Law
Journal of Legal Education, Vol. 37, p. 174, 1987
11 Pages Posted: 21 Sep 2011 Last revised: 30 Dec 2014
Date Written: 1987
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
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