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The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn
The Other Preamble: Civic Constitutionalism And The Preamble To The Bill Of Rights, John E. Finn
Concordia Law Review
This Article considers the civic constitutionalist nature of the Preamble to the Bill of Rights. Civic constitutionalism is a mode of reading constitutional texts that considers power in political, as opposed to legal, terms. Thus, the civic constitution gives citizens, not judges, the primary duty for ensuring a constitutionally compliant society. This Article also presents the underlying reasons, effects, and costs of the obscurity of the civic constitution and, more specifically, the Preamble to the Bill of Rights.