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I take it to be an elementary rule of constitutional construction that no one provision of the Constitution is to be segregated from all the others, and to be considered alone, but that all the provisions bearing upon a particular subject are to be brought into view and to be so interpreted as to effectuate the great purposes of the instrument.
And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction.
"No constitutional authority to expel a member of the legislature exists, and any argument for an 'inherent' right to do so flies in the face of settled principles of constitutional construction," Mr. Monserrate's lawyers wrote.
In 1807 President Thomas Jefferson appointed Todd to the U.S. Supreme Court, where he became a follower of Chief Justice John Marshall in constitutional construction, although he was politically a supporter of Jefferson.
It was there pointed out that the implied immunity of one government and its agencies from taxation by the other should, as a principle of constitutional construction, be narrowly restricted.
"It's tougher when it's those things you may disagree with that are left to the states," said Representative Dan Lungren, a Republican of California, who should know since he was one of approximately two gun-rights lawmakers who opposed the bill because of principles of strict constitutional construction.
Similar(49)
I do agree with Whelan that any rule of constitutional construction--any doctrine developed to implement the Constitution's guarantees in a particular legal setting, including judicial engagement--must not contradict the original meaning of the Constitution's text.
Because Whelan's textual argument for judicial restraint fails, he must justify restraint as a constitutional construction--and that would require a further argument grounded in the spirit of the law that he has not yet made.
Indeed, I would go further--constitutional constructions must be consistent not only with the text but with the spirit of the Constitution's provisions--their functions, as ascertained by careful study of the relevant evidence at the time of their enactment.
And it helps resolve debates over constitutional "interpretation" and "construction," explaining how construction can go beyond the text but not beyond the law.
It is ironic, and perhaps sad, that the Labour party itself looks like getting buried in the rubble of this constitutional and political construction site.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com