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The Fiction of “We the People”: Is the Constitution Binding on Us?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... More


Structure and Relationship: The Constitutional Dimensions of Federal and Tribal Power in Indian Country

N. Bruce Duthu

in Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199735860
eISBN:
9780199344994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199735860.003.0006
Subject:
Political Science, American Politics

In the modern era, the constitutional challenge for policymakers, lawmakers and academics is to articulate a vision for tribal sovereignty that avoids the imperialist impulses of past eras while ... More


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