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
Resource Information
The item "A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.This item is available to borrow from 1 library branch.
Resource Information
The item "A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.
This item is available to borrow from 1 library branch.
- 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{u2014}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{u2014}and is of greater importance{u2014}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{u2014}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{u2019}s beneficiaries{u2014}[the authors] offer a clearer picture of the original design for a limited government." -- Book jacket
- Language
- eng
- Extent
- vii, 217 pages
- Isbn
- 9780700624256
- 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
- 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{u2014}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{u2014}and is of greater importance{u2014}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{u2014}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{u2019}s beneficiaries{u2014}[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
- 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
- Bibliography note
- Includes bibliographical references 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
- Dimensions
- 24 cm
- Extent
- vii, 217 pages
- Isbn
- 9780700624256
- Lccn
- 2016055775
- Media category
- unmediated
- Media MARC source
- rdamedia
- Media type code
-
- n
- Note
- GOBI Library Solutions from EBSCO
- System control number
- (OCoLC)965446606
- Label
- "A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman
- Bibliography note
- Includes bibliographical references 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
- Dimensions
- 24 cm
- Extent
- vii, 217 pages
- Isbn
- 9780700624256
- Lccn
- 2016055775
- Media category
- unmediated
- Media MARC source
- rdamedia
- Media type code
-
- n
- Note
- GOBI Library Solutions from EBSCO
- System control number
- (OCoLC)965446606
Subject
- Due process of law -- United States
- Fiduciary duty
- Implied powers (Constitutional law)
- Implied powers (Constitutional law) -- United States
- Constitutional history
- Reasonable care (Law) -- United States
- United States
- Reasonable care (Law)
- Constitutional history -- United States
- Due process of law
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.law.upenn.edu/portal/A-great-power-of-attorney--understanding-the/RxDfezzjM68/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.law.upenn.edu/portal/A-great-power-of-attorney--understanding-the/RxDfezzjM68/">"A great power of attorney" : understanding the fiduciary constitution, Gary Lawson and Guy Seidman</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.law.upenn.edu/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.law.upenn.edu/">Biddle Law Library - University of Pennsylvania Law School</a></span></span></span></span></div>
