Download This PaperThe 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
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. 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
Do you have a job opening that you would like to promote on SSRN?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.