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Part V Themes, Ch.38 Constitutional Authority

Wayne D. Moore

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

Authority and popular sovereignty are two of the most central and closely linked concepts within constitutional theory and practice in the United States and around the world. Thus it is widely presumed that “the people” have foundational political authority. It is also typically presumed that this authority may be tapped in some manner to establish and maintain the authority of constitutions and constitutional structures, processes, institutions, and limitations. That includes, among other things, legislative, executive, and judicial institutions and the laws they...
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