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The Resource "A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman

"A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman

Label
"A great power of attorney" : understanding the fiduciary constitution
Title
"A great power of attorney"
Title remainder
understanding the fiduciary constitution
Statement of responsibility
Gary Lawson and Guy Seidman
Creator
Contributor
Author
Subject
Language
eng
Summary
"What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. [The authors] propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document; or as a "great power of attorney," in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of "We the People" and its "posterity." What follows from this particular conception of the Constitution; and is of greater importance; is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean; such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution's beneficiaries; [the authors] offer a clearer picture of the original design for a limited government." -- Book jacket
Cataloging source
DLC
http://library.link/vocab/creatorDate
1958-
http://library.link/vocab/creatorName
Lawson, Gary
Index
index present
LC call number
KF4541
LC item number
.L339 2017
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/relatedWorkOrContributorName
Seidman, Guy
http://library.link/vocab/subjectName
  • Constitutional history
  • Due process of law
  • Implied powers (Constitutional law)
  • Reasonable care (Law)
  • Constitutional history
  • Due process of law
  • Implied powers (Constitutional law)
  • Reasonable care (Law)
  • United States
Label
"A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 173-209) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Duties of care and loyalty
  • Impartiality
  • What the Constitution is-and why it matters
  • The
  • Fiduciary background of the founding era
  • Fiduciary government
  • Categorizing the Constitution
  • Incidental powers
  • The
  • Duty of personal exercise of delegated power
Control code
965446606
Dimensions
24 cm
Extent
vii, 217 pages
Isbn
9780700624256
Lccn
2016055775
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)965446606
Label
"A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 173-209) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
  • Duties of care and loyalty
  • Impartiality
  • What the Constitution is-and why it matters
  • The
  • Fiduciary background of the founding era
  • Fiduciary government
  • Categorizing the Constitution
  • Incidental powers
  • The
  • Duty of personal exercise of delegated power
Control code
965446606
Dimensions
24 cm
Extent
vii, 217 pages
Isbn
9780700624256
Lccn
2016055775
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)965446606

Library Locations

    • Pardee Legal Research CenterBorrow it
      5998 Alcalá Park, San Diego, CA, 92110-2492, US
      32.771471 -117.187496
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