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Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (New Edition) by McAffee, Thomas B. [Hardcover]

Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (New Edition) by McAffee, Thomas B. [Hardcover]

Item  UBM9780313315077
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by McAffee, Thomas B. - Hardcover (Praeger Pub Text; Aug 1, 2000)
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Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding (New Edition) by McAffee, Thomas B. [Hardcover]

In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus.

General

ISBN 9780313315077

Fiction/Non-Fiction Non-Fiction

Publisher Praeger Pub Text

Pages 190

List Price $131.95

Author McAffee, Thomas B.

Publication Date 08/01/2000

Release Status In Print

Format Hardcover

Language English

Measurements Height: 9.5 Inches (US)
Width: 6.5 Inches (US)
Thickness: 0.75 Inches (US)
Unit Weight: 1.1 Pounds (US)

Series Contributions in Legal Studies
 
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