Book contents
- The Practice of American Constitutional Law
- The Practice of American Constitutional Law
- Copyright page
- Dedication
- Contents
- Preface
- Notes to the Reader
- Acknowledgments
- Introduction
- 1 Constitutional Lawyers as Problem Solvers
- 2 Identifying the Problem
- 3 Solving Constitutional Problems
- 4 Solving Constitutional Problems
- 5 Solving Constitutional Problems
- 6 Identifying the Solution
- Conclusion
- The Constitution of the United States of America
- Appendix: The Common Law
- Additional Reading
- Index
5 - Solving Constitutional Problems
Specific Clauses in the Written Constitution
Published online by Cambridge University Press: 05 May 2022
Book contents
- The Practice of American Constitutional Law
- The Practice of American Constitutional Law
- Copyright page
- Dedication
- Contents
- Preface
- Notes to the Reader
- Acknowledgments
- Introduction
- 1 Constitutional Lawyers as Problem Solvers
- 2 Identifying the Problem
- 3 Solving Constitutional Problems
- 4 Solving Constitutional Problems
- 5 Solving Constitutional Problems
- 6 Identifying the Solution
- Conclusion
- The Constitution of the United States of America
- Appendix: The Common Law
- Additional Reading
- Index
Summary
In order to solve a constitutional problem, the constitutional lawyer will always use the basic toolkit of arguments discussed in Chapter 3, and as we saw in Chapter 4, the lawyer must also consider the ways in which institutional perspective affects how questions are shaped and answers constructed. There are, furthermore, specific clauses in the written Constitution that merit special attention.
Keywords
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- The Practice of American Constitutional Law , pp. 153 - 171Publisher: Cambridge University PressPrint publication year: 2022