| Document Type
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BL
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| Record Number
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999228
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| Doc. No
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b753598
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| Main Entry
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Redish, Martin H.
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| Title & Author
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The constitution as political structure /\ Martin H. Redish.
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| Publication Statement
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New York :: Oxford University Press,, 1995.
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| Page. NO
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1 online resource (viii, 229 pages)
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| ISBN
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0195070607
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: 0195361350
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: 1280441070
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: 1423737148
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: 9780195070606
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: 9780195361353
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: 9781280441073
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: 9781423737148
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0195070607
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| Bibliographies/Indexes
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Includes bibliographical references (pages 167-222) and index.
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| Contents
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Introduction: political structure, democratic theory, and constitutional text -- Federalism, the Constitution and American political theory -- The dormant commerce clause and the constitutional balance of federalism -- Pragmatic formalism and separation of powers -- Legislative delegation, pragmatic formalism, and the values of democracy -- Conclusion: liberalism, constitutional theory, and political structure.
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| Abstract
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Over the last forty years both modern constitutional scholarship and Supreme Court constitutional doctrine have concentrated on the analysis of rights, while issues of constitutional law related to the structure of government have been largely ignored. The irony of this interpretive emphasis is that the Constitution itself contains relatively little dealing with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work is the only scholarly attempt to emphasize the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the foundation in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very basis of American political theory.
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| Subject
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Constitutional law-- United States.
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Federal government-- United States.
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Constitutional law.
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Federal government.
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LAW-- Civil Procedure.
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LAW-- Constitutional.
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LAW-- Legal Services.
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LAW-- Public.
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POLITICAL SCIENCE-- Government-- Judicial Branch.
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| Subject
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Politics and government
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| Subject
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United States, Politics and government.
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| Subject
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United States.
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| Dewey Classification
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342.73/02347.3022
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| LC Classification
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KF4600.R43 1995eb
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