An Adversarial Approach to the Problem of a Perpetual Constitution
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Date
2016-06
Authors
Mina, Greg
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
The Constitution of the United States is intergenerational in nature. The
preferences of the founding generation have great impact on the policies and actions of
the United States government to this day, occasionally overruling the preferences of
modem generations. This thesis will not attempt to render judgment as to the legitimacy
of what some identify as a perpetual constitution. Rather, this thesis will outline and
subsequently script a fictional trial between those who argue against the continuing
authority of the Constitution, and those who defend its legitimacy. The structure of a
jury trial allows for a dialogue between the two intellectual camps that highlights some
of the areas in which they clash, including the application and defense of the reserved
powers doctrine.
Description
79 pages. A thesis presented to the Department of Political Science and the Clark Honors College of the University of Oregon in partial fulfillment of the requirements for degree of Bachelor of Arts, Spring 2016.
Keywords
Constitutional law, Legal, Political science, Constitution, Intergenerational, Justice, Trial, Jefferson, Reserved power