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Introduction

Published online by Cambridge University Press:  22 May 2026

Ilan Wurman
Affiliation:
University of Minnesota Law School
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Summary

This introduction outlines a comprehensive study of the U.S. Constitution’s structure, marking its 237th year as the oldest modern constitution. It aims to equip readers – from law students to everyday Americans – with tools to understand its framework of representation, separation of powers, checks and balances, federalism, and the Bill of Rights, addressing enduring questions like the legitimacy of secession, the scope of national powers, presidential authority in foreign affairs and war, judicial review’s origins, and Congress’s taxing and spending powers. The book challenges myths, such as the existence of a “general welfare clause,” and critiques both originalist and living constitutionalist views, arguing, for instance, that enumeration limited executive, not just national, power, and that functionalism fuels the imperial presidency. Organized into seven parts and eighteen chapters, the book explores the Constitution’s compound republic, the distribution of legislative, executive, and judicial powers, and federal-state dynamics. By engaging recent scholarship, it seeks to clarify the Constitution’s original design while advocating its continued relevance today.

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  • Introduction
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.002
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  • Introduction
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Ilan Wurman, University of Minnesota Law School
  • Book: The Constitution of 1789
  • Online publication: 22 May 2026
  • Chapter DOI: https://doi.org/10.1017/9781009485708.002
Available formats
×