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What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document--or as a "great power of attorney," in the words of founding-era legal giant James Iredell. Viewed against the background...

The Necessary and Proper Clause is one of the most important parts of the U.S. Constitution. Today this short thirty-nine word paragraph is cited as the legal foundation for much of the modern federal government. Yet constitutional scholars have pronounced its origins and original meaning a mystery. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper...

Eighteenth-century Baltimore was a traditional society--aristocratic, personal, and private. New social groups appeared with new ideas, values, institutions, and social controls, and the community adapted in various ways. The industrial revolution standardized social processes and made them a matter of public concern, providing the basis for the new, nineteenth-century public society--one that was more democratic, less personal, and functionally modern.

Originally published 1980.

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The Necessary and Proper Clause is one of the most important parts of the U.S. Constitution. Today this short thirty-nine word paragraph is cited as the legal foundation for much of the modern federal government. Yet constitutional scholars have pronounced its origins and original meaning a mystery. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper...