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Author : Lee J. Strang
Release : 2019-08-08
Genre : History
Kind : eBook
Book Rating : 639/5 ( reviews)
Book Synopsis Originalism's Promise by : Lee J. Strang
Download or read book Originalism's Promise written by Lee J. Strang. This book was released on 2019-08-08. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first natural law justification for an originalist interpretation of the American Constitution.
Author : Frank Cross
Release : 2013-01-09
Genre : Law
Kind : eBook
Book Rating : 698/5 ( reviews)
Book Synopsis The Failed Promise of Originalism by : Frank Cross
Download or read book The Failed Promise of Originalism written by Frank Cross. This book was released on 2013-01-09. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
Author : Steven G. Calabresi
Release : 2007-08-21
Genre : Political Science
Kind : eBook
Book Rating : 605/5 ( reviews)
Book Synopsis Originalism by : Steven G. Calabresi
Download or read book Originalism written by Steven G. Calabresi. This book was released on 2007-08-21. Available in PDF, EPUB and Kindle. Book excerpt: What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.
Author : Jack N. Rakove
Release : 2010-04-21
Genre : Political Science
Kind : eBook
Book Rating : 516/5 ( reviews)
Book Synopsis Original Meanings by : Jack N. Rakove
Download or read book Original Meanings written by Jack N. Rakove. This book was released on 2010-04-21. Available in PDF, EPUB and Kindle. Book excerpt: From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Author : Adrian Vermeule
Release : 2022-02-08
Genre : Political Science
Kind : eBook
Book Rating : 882/5 ( reviews)
Book Synopsis Common Good Constitutionalism by : Adrian Vermeule
Download or read book Common Good Constitutionalism written by Adrian Vermeule. This book was released on 2022-02-08. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
