A Great Power Of Attorney
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A Great Power of Attorney
Author | : Gary Lawson,Guy Seidman |
Publsiher | : University Press of Kansas |
Total Pages | : 228 |
Release | : 2017-05-05 |
Genre | : Political Science |
ISBN | : 9780700624256 |
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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. Legal scholars Gary Lawson and Guy Seidman 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—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—and is of greater importance—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—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’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
A Great Power of Attorney
Author | : Gary Lawson,Guy Seidman |
Publsiher | : University Press of Kansas |
Total Pages | : 228 |
Release | : 2017-05-05 |
Genre | : Political Science |
ISBN | : 9780700624256 |
Download A Great Power of Attorney Book in PDF, Epub and Kindle
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. Legal scholars Gary Lawson and Guy Seidman 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—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—and is of greater importance—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—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’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
The Great Power of Attorney
Author | : Gary Lawson,Guy Seidman |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2017 |
Genre | : POLITICAL SCIENCE |
ISBN | : 0700624260 |
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The United States Constitution is best understood, for purposes of interpretation, as a kind of fiduciary instrument, in which people entrust management of some of their affairs to others. Those kinds of documents were well known to eighteenth-century drafters and readers, and the Constitution is therefore best read against the background of fiduciary law with which the founding generation would have been familiar.
Power of Attorney The One Stop Guide
Author | : Sandra McDonald |
Publsiher | : Souvenir Press |
Total Pages | : 299 |
Release | : 2021-02-18 |
Genre | : Family & Relationships |
ISBN | : 9781782836636 |
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One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.
The Power of Attorney Book
Author | : Denis Clifford |
Publsiher | : NOLO |
Total Pages | : 322 |
Release | : 1991 |
Genre | : Power of attorney |
ISBN | : UCSC:32106010275771 |
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This work for laymen shows how to create a durable power of attorney. The durable power of attorney can be used to control the use of artificial life support systems when the maker is no longer conscious.
Incapable Adults
Author | : South African Law Commission |
Publsiher | : Unknown |
Total Pages | : 36 |
Release | : 2001 |
Genre | : Agency (Law) |
ISBN | : STANFORD:36105063169572 |
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Powers of Attorney
![Powers of Attorney](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Great Britain. Law Commission |
Publsiher | : Unknown |
Total Pages | : 40 |
Release | : 1967 |
Genre | : Power of attorney |
ISBN | : OCLC:154200138 |
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Powers of Attorney
![Powers of Attorney](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Ontario. Min. of the Attorney General |
Publsiher | : Unknown |
Total Pages | : 16 |
Release | : 1996 |
Genre | : Electronic Book |
ISBN | : OCLC:321039588 |
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