Linda Nagata: the blog at Hahví.net

Constitutional Questions

February 6th, 2014

Writer and attorney Nancy Jane Moore just finished a beta read of The Red: Trials. She says it got her thinking about constitutions, resulting in a new entry for the series of legal posts she’s been writing at Book View Café.

Here’s an excerpt from Legal Fictions: Worshipping the Constitution:

Under monarchies, soldiers pledge their loyalty to the king, but in a democracy the loyalty is to the law. And no one – not even the president – is above the law. This makes for good principles and good fiction.

It also means that the U.S. Constitution has almost religious status for soldiers, not to mention for a lot of lawyers. In the legal profession, constitutional law is considered an elite area of practice. When the Supreme Court says something is “unconstitutional,” it implies that the law in question betrays something fundamental in our country.

Yet a constitution is only a set of rules that detail how we’re going to run the country. While it defines the ground rules of society, it’s not scripture*.

Find the complete post here.

Posted on: Thursday, February 6th, 2014 at 8:35 am
Categories: Meanderings.

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