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2 Concordia L. Rev. 1 (2017)

handle is hein.journals/concordia2 and id is 1 raw text is: 





CONCORDIA LAW REVIEW

VOL.  2                     MARCH 2017                      NO. 1


                        ARTICLES

  THE OTHER   PREAMBLE:   CIVIC  CONSTITUTIONALISM AND THE
               PREAMBLE TO THE BILL OF RIGHTS

                           John E. Finn*

       This Article considers the civic constitutionalist nature of the
Preamble to the Bill of Rights. Civic constitutionalism is a mode of reading
constitutional texts that considers power in political, as opposed to legal,
terms. Thus, the civic constitution gives citizens, not judges, the primary duty
for ensuring a constitutionally compliant society. This Article also presents
the  underlying reasons, effects, and costs of the obscurity of the
civic constitution and, more specifically, the Preamble to the Bill of Rights.



INTRODUCTION........................................................2
I. PREAMBULAR PROVISIONS AS CLAIMS ABOUT CONSTITUTIONAL
AUTHORITY.        ..................................................... ......8
II. THE CONSTITUTION AS A TEXT OF CIVIC INSTRUCTION .      ................13
  A. Misconstruction or Abuse.......................19
  B. Public Confidence and Beneficence     .........   ............23
  C. Declaratory and Restrictive...........................30
     1. The Meaning of Declaratory.........................30
     2. The Meaning of Restrictive..........................32
     3. Which is Which.?..................................34
     4. Reading Individual Provisions.........................36
     5. In Addition to, and Amendment of ................40
11. CONCLUSION........................................................43




    * Professor of Government, Wesleyan University. Ph.D Princeton University (1986),
J.D. Georgetown University Law Center (1981), B.A. Nasson College (1978). Finn's most
recent book is Peopling the Constitution (2014).

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