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The Failed Promise of Originalism

2013-01-09 Law
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Release : 2013-01-09
Genre : Law
Kind : eBook
Book Rating : 698/5 ( reviews)

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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.

Worse Than Nothing

2022-09-06 Law
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Release : 2022-09-06
Genre : Law
Kind : eBook
Book Rating : 483/5 ( reviews)

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Book Synopsis Worse Than Nothing by : Erwin Chemerinsky

Download or read book Worse Than Nothing written by Erwin Chemerinsky. This book was released on 2022-09-06. Available in PDF, EPUB and Kindle. Book excerpt: Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be an inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.

Originalism's Promise

2019-08-08 History
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Release : 2019-08-08
Genre : History
Kind : eBook
Book Rating : 639/5 ( reviews)

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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.

Originalism as Faith

2018-10-18 Law
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Release : 2018-10-18
Genre : Law
Kind : eBook
Book Rating : 555/5 ( reviews)

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Book Synopsis Originalism as Faith by : Eric J. Segall

Download or read book Originalism as Faith written by Eric J. Segall. This book was released on 2018-10-18. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.

Originalism as Faith

2018-09-17 Law
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Release : 2018-09-17
Genre : Law
Kind : eBook
Book Rating : 968/5 ( reviews)

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Book Synopsis Originalism as Faith by : Eric J. Segall

Download or read book Originalism as Faith written by Eric J. Segall. This book was released on 2018-09-17. Available in PDF, EPUB and Kindle. Book excerpt: Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.

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