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Descriptive. Constitutionalism of the United States has been defined as a complex of ideas, attitudes and patterns elaborating the principle that the authority of government derives from the people, and is limited by a body of fundamental law. These ideas, attitudes and patterns, according to one analyst, derive from "a dynamic political and ...
Constitutionalism in the United States is a basic value espoused by political parties, activist groups and individuals across a wide range of the political spectrum, that the powers of federal, state and local governments are limited by the Constitution of the United States and that the civil and political rights of citizens shall not be ...
Common good constitutionalism is a legal theory formulated by Harvard law professor Adrian Vermeule that asserts that "the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself". [1] Vermeule describes it as an attempt to revive and develop the classical legal tradition by understanding ...
The Moral Constitution is a means of understanding the U.S. Constitution which emphasizes a fusion of moral philosophy and constitutional law. The most prominent proponent is Ronald Dworkin, who advances the view in Law's Empire and Freedom's Law: The Moral Reading of the American Constitution. Alternatively, it can be taken to mean a ...
e. In the United States, the right to petition is enumerated in the First Amendment to the United States Constitution, which specifically prohibits Congress from abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". Although often overlooked in favor of other more famous freedoms ...
Consent of the governed. In political philosophy, the phrase consent of the governed refers to the idea that a government 's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is starkly contrasted with the ...
In contemporary economic theory, a common good is any good which is rivalrous yet non-excludable, while the common good, by contrast, arises in the subfield of welfare economics and refers to the outcome of a social welfare function. Such a social welfare function, in turn, would be rooted in a moral theory of the good (such as utilitarianism).
Constitutional lawof the United States. The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals.