The Structure of the Constitution

The Structure of the Constitution

These videos cover the basics of what the Constitution is, and how and why it was written.  Dozens of videos include discussions of other founding documents like the Declaration of Independence and state constitutions; how the Founders utilized the common law and British precedent; popular sovereignty; and why the Constitution needed to be a written document.

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14 of 27: What Kind of Document is the Constitution? [No. 86]

Is it important to know what type of document the Constitution is? Professor Gary Lawson illustrates how a single document could be read in very different ways, depending on different assumptions about what type of document it is. Scholars have off ... Is it important to know what type of document the Constitution is?

Professor Gary Lawson illustrates how a single document could be read in very different ways, depending on different assumptions about what type of document it is. Scholars have offered many theories and comparisons about what type of document the Constitution is. Interpretations of the text of the Constitution can vary greatly because of these different starting points. Professor Lawson proposes that the Constitution must be some sort of legal document and then discusses how it resembles 18th-century fiduciary instruments.

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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Other Videos in this Series

1

The Era of State Constitution Writing [No. 86]

2

The Importance of Structure v. Parchment Barriers [No. 86]

3

Diverse Views at the Founding [No. 86]

4

Why Should We be Bound by the Constitution? [No. 86]

5

How the Founders Perfected the British System [No. 86]

6

The Importance of the Preamble - “We the People” are Sovereign [No. 86]

7

A Democratic Version of Britain’s Mixed Regime [No. 86]

8

Slavery, States Rights, and the Constitution [No. 86]

9

The Structural Constitution as a Protection for Liberty [No. 86]

10

Due Process of Law [No. 86]

11

Why Do We Need a Structural Constitution? [No. 86]

12

The Law of Democracy [No. 86]

13

What is Popular Sovereignty? [No. 86]

14

What Kind of Document is the Constitution? [No. 86]

15

Why a Written Constitution? [No. 86]

16

The Common Law Part I: What is Common Law and What Role Did it Play in England? [No. 86]

17

The Common Law Part II: What Role Did Common Law Play in the New American Government? [No. 86]

18

How Did the Founders Decide on the Separation of Powers? [No. 86]

19

How Do the Legislative and Executive Powers Balance Each Other? [No. 86]

20

The Declaration & Constitution: Original Public Meaning [No. 86]

21

How Does the Structure of the Constitution Uphold the Rule of Law? [No. 86]

22

How Do Constitutional Property Rights Enable Economic Growth? [No. 86]

23

Government Intervention in the Economy During a Financial Crisis [No. 86]

24

Separation of Powers and Specialization [No. 86]

25

The Declaration & Constitution: The Framing of a Nation [No. 86]

26

How Federal Legislative Power Differs from State Legislative Power [No. 86]

27

Text, Structure, and History in Constitutional Law Casebooks [No. 86]

About this Module

Total run time:

1h 23m

Course:

Total videos:

27

Difficulty:

First Year