Against Constitutional Originalism

Against Constitutional Originalism Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Against Constitutional Originalism book. This book definitely worth reading, it is an incredibly well-written.

Constitutional Originalism

Robert W. Bennett,Lawrence B. Solum
Constitutional Originalism Book PDF

Author : Robert W. Bennett,Lawrence B. Solum
Publisher : Cornell University Press
Page : 223 pages
File Size : 40,9 Mb
Release : 2011-06-06
Category : Law
ISBN : 9780801461118

Get Book

Constitutional Originalism by Robert W. Bennett,Lawrence B. Solum Pdf

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Originalism and the Good Constitution

John O. McGinnis,Michael B. Rappaport
Originalism and the Good Constitution Book PDF

Author : John O. McGinnis,Michael B. Rappaport
Publisher : Harvard University Press
Page : 309 pages
File Size : 42,7 Mb
Release : 2013-11-01
Category : Law
ISBN : 9780674726260

Get Book

Originalism and the Good Constitution by John O. McGinnis,Michael B. Rappaport Pdf

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

Originalism in American Law and Politics

Johnathan O'Neill
Originalism in American Law and Politics Book PDF

Author : Johnathan O'Neill
Publisher : JHU Press
Page : 308 pages
File Size : 45,5 Mb
Release : 2005-07-12
Category : History
ISBN : 0801881110

Get Book

Originalism in American Law and Politics by Johnathan O'Neill Pdf

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

Living Originalism

Jack M. Balkin
Living Originalism Book PDF

Author : Jack M. Balkin
Publisher : Harvard University Press
Page : 481 pages
File Size : 40,9 Mb
Release : 2011-11-29
Category : Law
ISBN : 9780674063037

Get Book

Living Originalism by Jack M. Balkin Pdf

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Originalism's Promise

Lee J. Strang
Originalism s Promise Book PDF

Author : Lee J. Strang
Publisher : Cambridge University Press
Page : 329 pages
File Size : 50,5 Mb
Release : 2019-08-08
Category : History
ISBN : 9781108475631

Get Book

Originalism's Promise by Lee J. Strang Pdf

Provides the first natural law justification for an originalist interpretation of the American Constitution.

A Debt Against the Living

Ilan Wurman
A Debt Against the Living Book PDF

Author : Ilan Wurman
Publisher : Cambridge University Press
Page : 173 pages
File Size : 46,8 Mb
Release : 2017-07-31
Category : Law
ISBN : 9781108419802

Get Book

A Debt Against the Living by Ilan Wurman Pdf

This book is an introduction to and defense of originalism and the Founding intended for a more general audience. No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.

Ourselves and Our Posterity

Bradley C. S. Watson
Ourselves and Our Posterity Book PDF

Author : Bradley C. S. Watson
Publisher : Lexington Books
Page : 325 pages
File Size : 45,6 Mb
Release : 2009-06-16
Category : Political Science
ISBN : 9780739136331

Get Book

Ourselves and Our Posterity by Bradley C. S. Watson Pdf

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.

The Challenge of Originalism

Grant Huscroft,Bradley W. Miller
The Challenge of Originalism Book PDF

Author : Grant Huscroft,Bradley W. Miller
Publisher : Cambridge University Press
Page : 128 pages
File Size : 47,5 Mb
Release : 2011-09-12
Category : Law
ISBN : 9781139505130

Get Book

The Challenge of Originalism by Grant Huscroft,Bradley W. Miller Pdf

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

Originalism as Faith

Eric J. Segall
Originalism as Faith Book PDF

Author : Eric J. Segall
Publisher : Cambridge University Press
Page : 259 pages
File Size : 54,8 Mb
Release : 2018-10-18
Category : Law
ISBN : 9781107188556

Get Book

Originalism as Faith by Eric J. Segall Pdf

Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.

Active Liberty

Stephen Breyer
Active Liberty Book PDF

Author : Stephen Breyer
Publisher : Vintage
Page : 176 pages
File Size : 55,8 Mb
Release : 2007-12-18
Category : Political Science
ISBN : 9780307424617

Get Book

Active Liberty by Stephen Breyer Pdf

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Against Constitutional Originalism

Jonathan Gienapp
Against Constitutional Originalism Book PDF

Author : Jonathan Gienapp
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2024-09-03
Category : Law
ISBN : 0300265859

Get Book

Against Constitutional Originalism by Jonathan Gienapp Pdf

A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution's meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.

How to Read the Constitution

Christopher Wolfe
How to Read the Constitution Book PDF

Author : Christopher Wolfe
Publisher : Rowman & Littlefield
Page : 246 pages
File Size : 51,8 Mb
Release : 1996
Category : Law
ISBN : 084768234X

Get Book

How to Read the Constitution by Christopher Wolfe Pdf

Prominent constitutional scholar Christopher Wolfe challenges popular opinions by presenting an insightful and well-supported defense of originalist interpretations of the Constitution. He describes the traditional approach to constitutional interpretation and judicial review and then focuses his analysis on the due process clause, which has become the source of most modern constitutional law. Wolfe challenges the most influential defenders of judicial activism, including Laurence Tribe, Michael Dorf, Harry Wellington, and Mark Tushnet, and he persuasively explains the dire political consequences of taking the Constitution out of constitutional law.

Originalism

Steven G. Calabresi
Originalism Book PDF

Author : Steven G. Calabresi
Publisher : Regnery Publishing
Page : 370 pages
File Size : 51,7 Mb
Release : 2007-08-21
Category : Political Science
ISBN : 9781596980501

Get Book

Originalism by Steven G. Calabresi Pdf

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. Inside you'll find: *A foreword by Justice Antonin Scalia and speeches by former attorney general Edwin Meese III, Justice William Brennan, Judge Robert H. Bork, and President Ronald Reagan *Transcripts from panel discussions and debates engaging some of the brightest legal minds of our time in frank, open discussions about the original meaning of the Constitution of the United States and its impact on the rule of law in our country *A debate on the original meaning of the Commerce, Spending, and Necessary and Proper Clauses *Concluding thoughts by Theodore Olson, forty-second solicitor general of the United States and a fellow at both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. ORIGINALISM: A QUARTER-CENTURY OF DEBATE 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.

Restoring the Lost Constitution

Randy E. Barnett
Restoring the Lost Constitution Book PDF

Author : Randy E. Barnett
Publisher : Princeton University Press
Page : 448 pages
File Size : 53,5 Mb
Release : 2013-11-24
Category : Law
ISBN : 9780691159737

Get Book

Restoring the Lost Constitution by Randy E. Barnett Pdf

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Originalism in American Law and Politics

Johnathan O'Neill
Originalism in American Law and Politics Book PDF

Author : Johnathan O'Neill
Publisher : JHU Press
Page : 294 pages
File Size : 45,7 Mb
Release : 2005-07-12
Category : History
ISBN : 9780801881114

Get Book

Originalism in American Law and Politics by Johnathan O'Neill Pdf

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.