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Constitutional theory in the United States is an academic discipline that focuses on the meaning of the United States Constitution. Its concerns include (but are not limited to) the historical, linguistic, sociological, ethical, and political aspects. Much of constitutional theory is concerned with theories of judicial review.
Barnett has also done work on the theory of the United States Constitution, culminating in his books Restoring the Lost Constitution and Our Republican Constitution. He argues for an originalist theory of constitutional interpretation and for constitutional construction based on a presumption of liberty, not popular sovereignty.
to propose, by a two-thirds vote, constitutional amendments for ratification by three-fourths of the states pursuant to the terms of Article V. [38] Members of the Senate and of the House of Representatives have immunity for all statements made on the floor of Congress except in cases of "Treason, Felony, or Breach of the Peace "(Art.
In American law, the unitary executive theory is a Constitutional law theory according to which the President of the United States has sole authority over the executive branch. [1] It is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House". [2]
An Economic Interpretation of the Constitution of the United States is a 1913 book by American historian Charles A. Beard. [1] It interpreted the early history of the United States from the lens of class conflict , arguing that the Constitution of the United States was structured to financially benefit the Founding Fathers .
The doctrine of implied repeal is a concept in constitutional theory which states that where an Act of Parliament or an Act of Congress (or of some other legislature) conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act become legally inoperable.
The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [ 12 ]
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.