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(Re)Construction of Constitutional Authority and Meaning: The Fourteenth Amendment and Slaughter-House Cases |
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Abstract:
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This paper develops a novel theoretical framework to examine issues of constitutional continuity and change. It does so through a study of the creation, maintenance, and revision of constitutional authority and meaning in the aftermath of the fourteenth amendment’s addition to the text of the U.S. Constitution in 1868. The focus, more specifically, is on the U.S. Supreme Court’s initial (re)construction of that amendment in Slaughter-House Cases (1873).
Several themes emerge from this case study. First, Slaughter-House demonstrates some of the theoretical contributions of relying on multiple rather than singular criteria of constitutional authority and corresponding conceptions of meaning. Second, the justices’ opinions points toward linkages among problems of constitutional authority and meaning. Third, in seeking to account for the case’s significance, it is important to allow for gradations or partiality of constitutional authority, not simply its presence or absence. Fourth, the opinions similarly underscore the need to account for the plurality rather than univocality of constitutional meaning. Fifth, the opinions and the criteria upon which I draw to analyze them point beyond themselves toward broader norms and practices of constitutional politics. |
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amend (255), constitut (246), fourteenth (184), justic (169), author (128), hous (101), slaughter (99), slaughter-hous (96), state (96), peopl (89), articl (69), mean (67), interpret (66), u.s (61), v (60), issu (56), right (56), posit (55), also (52), opinion (51), principl (49), |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Moore, Wayne. "(Re)Construction of Constitutional Authority and Meaning: The Fourteenth Amendment and Slaughter-House Cases" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p62022_index.html> |
APA Citation:
| Moore, W. , 2003-08-27 "(Re)Construction of Constitutional Authority and Meaning: The Fourteenth Amendment and Slaughter-House Cases" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p62022_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: This paper develops a novel theoretical framework to examine issues of constitutional continuity and change. It does so through a study of the creation, maintenance, and revision of constitutional authority and meaning in the aftermath of the fourteenth amendment’s addition to the text of the U.S. Constitution in 1868. The focus, more specifically, is on the U.S. Supreme Court’s initial (re)construction of that amendment in Slaughter-House Cases (1873).
Several themes emerge from this case study. First, Slaughter-House demonstrates some of the theoretical contributions of relying on multiple rather than singular criteria of constitutional authority and corresponding conceptions of meaning. Second, the justices’ opinions points toward linkages among problems of constitutional authority and meaning. Third, in seeking to account for the case’s significance, it is important to allow for gradations or partiality of constitutional authority, not simply its presence or absence. Fourth, the opinions similarly underscore the need to account for the plurality rather than univocality of constitutional meaning. Fifth, the opinions and the criteria upon which I draw to analyze them point beyond themselves toward broader norms and practices of constitutional politics. |
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| Document Type: |
.pdf |
| Page count: |
52 |
| Word count: |
18534 |
| Text sample: |
| (Re)Construction of Constitutional Authority and Meaning: The Fourteenth Amendment and Slaughter-House Cases Wayne D. Moore Department of Political Science Virginia Tech Blacksburg VA 24061 wmoore@vt.edu Prepared for delivery at the 2003 Annual Meeting of the American Political Science Association August 28 2003 Copyright © 2003 by Wayne D. Moore 08.18.03 (Re)Construction of Constitutional Authority and Meaning: The Fourteenth Amendment and Slaughter-House Cases Wayne D. Moore This paper develops a novel theoretical framework to examine issues of constitutional continuity and |
| amendment that they (re)constructed in that case had partial rather than complete authority across the six criteria examined in this essay both separately and as aspects of a more inclusive criterion rooted in principles of popular sovereignty. Instead of authoritatively settling the meaning of that amendment the justices contributed to a process of (re)constructing text with pluralistic rather than unitary authoritative meaning. This process involving representation of the constitutional identities and commitments of “the people of the United States |
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