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Madison, a delegate from Virginia and future President of the United States, who due to his role in creating the Virginia Plan became known as the "Father of the Constitution", purposely sat up front, stating in the preface to his notes that "in pursuance of the task I had assumed I chose a seat in front of the presiding member, with the other members on my right & left hands.
He noted that "questions of constitutionalism could not be answered by reference to given constitutional text or even judicial opinions" but were "open-ended questions drawing upon competing views". [10] A similar distinction was drawn by British constitutional scholar A.V. Dicey in assessing Britain's unwritten constitution. Dicey noted a ...
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 violated.
In the European tradition, Pocock in his book on the ancient constitution of England argued a common pattern, seen in François Hotman, a French lawyer of the 16th century, of valuing customary law, in tension with a code of law, and taking support for the customary to the point of creating a "historical myth" around it.
Story's Abridgment may well have been even more influential than his three-volume work, because the Abridgment saw a much larger audience. The Abridgment was required reading at Harvard and in other academic settings. [9] Story published The Constitutional Class Book: being a brief exposition of the Constitution of the United States.
[7] [8] Notably, Richard H. Helmholz, in a review of Common Good Constitutionalism, described it as "a serious contribution to some of the most pressing legal debates of our times." [9] Jack Goldsmith has praised Common Good Constitutionalism as "the most important book of American constitutional theory in many decades". [7]
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The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended.The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments.