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Negotiating the Constitution: The Earliest Debates Over Original Intent

Negotiating the Constitution: The Earliest Debates Over Original Intent

Paperback

General LawGeneral Political ScienceUnited States Politics

ISBN10: 0801472717
ISBN13: 9780801472718
Publisher: Cornell Univ Pr
Published: Aug 23 2005
Pages: 336
Weight: 1.05
Height: 0.77 Width: 6.00 Depth: 8.70
Language: English

No concept sparks more controversy in constitutional debate than original intent. Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions.

Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited.

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General Political Science