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Editor's Note Preface Acknowledgements
Part I: Beyond the Visible
Identifying "The Constitution"
Distinguishing "The Constitution" From "Constitutional Law"
Remembering Ours is a "Written" Constitution The Variable Role of Interpretive Judicial Precedent The "Dark Matter"
Part II: Defining the Terrain
Invisibility Defined Not Necessarily an Ideal Constitution Constitutional Axioms and Constitutional Theorems The Politics of Constitutional Invisibility This Book's Mission: Making Invisibility Visible Supreme Law, Not the Supreme Court The Constitution's Architecture, Not its "Construction"
Part III: Explorations Beyond the Text
Invisibility Exemplified: The Moving Finger Writes Cleo's Claims Doubling Back: The Holistic Reading Rule Two Types of Extratextual Norms Invisibility Illuminated: A Government of Laws Invisibility Elaborated: Government of the People, By the People, For the People Invisibility Further Illustrated: Suspending Habeas Corpus Federalism - and "the Right of the People to Keep and Bear Arms"
States as Sovereigns?
Part IV: The Content of Liberty and Equality and the Boundaries of Government Power
The "Substantive Due Process" Conundrum The Jagged Road to Equality The Reapportionment Revolution Lochner and Selective "Incorporation"
From Liberty of Contract to Forms of Self-Government Intimate Association and Private Self-Government The Maintenance of Boundaries: From Territoriality to Privacy
Part V: Visualizing the Invisible
Once Again: The Ninth Amendment's Rule of Construction The Inescapable Role of Constitutional "Dark Matter"
The Analogy to Gödel's Incompleteness Theorem Organizing the Constitution's "Dark Matter"
Illustrations following page 156
1. Geometric Construction
2. Geodesic Construction
3. Global Construction
4. Geological Construction
5. Gravitational Construction
6. Gyroscopic Construction Geometric Construction Time's Geometry A Libertarian Presumption Lochner's Legacy Revisited Geodesic Construction Global Construction Geological Construction Gravitational Construction Gyroscopic Construction Coda: Concluding Observations Sources The Visible Constitution: Its Text and Accompanying Resolutions The Declaration of Independence Index
| Price | Condition | Delivery | Seller | Action |
| $99.99 | Digital |
| WonderClub |
Mcool Doc
reviewed The Invisible Constitution on August 25, 2010
The Invisible Constitution
Thankfully, Tribe is an unapologetic liberal; that is refreshing and important to understand when reviewing his work contained in "The Invisible Constitution." That said, while Tribe frequently points out both the constitutional hypocrisies on the right and the left, his thesis is riddled with hypocrisy. Nonetheless, the book, and more importantly, his thesis, is tolerable to the point that he makes a salient point, one that, if Scalia was honest with himself, could not dispute. Tribe's salient point being: of course the principles embodied in the Constitution are both written and unwritten. Clearly, the Founders understood this when debating the addition of a Bill of Rights. Madison insisted they were not needed; whereas Jefferson argued that without the declaration of certain rights not directly expressed in the text of the Constitution, the liberty of the citizens will be in jeopardy.
While I mostly disagree with Tribe's political understanding of what the invisible Constitution says or may say, I do agree that it must be acknowledged that analysis of the text inherently, and with some necessity, takes us beyond those borders.
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Add The Invisible Constitution, As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what, The Invisible Constitution to the inventory that you are selling on WonderClubX
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Add The Invisible Constitution, As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what, The Invisible Constitution to your collection on WonderClub |
