Historicism Originalism And The Constitution

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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 : 40,8 Mb
Release : 2005-07-12
Category : History
ISBN : 0801881110

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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.

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 : 44,6 Mb
Release : 2013-11-01
Category : Law
ISBN : 9780674726260

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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.

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 : 43,9 Mb
Release : 2011-06-06
Category : Law
ISBN : 9780801461118

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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's Promise

Lee J. Strang
Originalism s Promise Book PDF

Author : Lee J. Strang
Publisher : Cambridge University Press
Page : 329 pages
File Size : 42,6 Mb
Release : 2019-08-08
Category : History
ISBN : 9781108475631

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Originalism's Promise by Lee J. Strang Pdf

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

Historicism, Originalism and the Constitution

Patrick J. Charles
Historicism Originalism and the Constitution Book PDF

Author : Patrick J. Charles
Publisher : McFarland
Page : 272 pages
File Size : 52,7 Mb
Release : 2014-05-02
Category : History
ISBN : 9780786479313

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Historicism, Originalism and the Constitution by Patrick J. Charles Pdf

The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.

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

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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 : 53,8 Mb
Release : 2011-11-29
Category : Law
ISBN : 9780674063037

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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.

The Second Creation

Jonathan Gienapp
The Second Creation Book PDF

Author : Jonathan Gienapp
Publisher : Harvard University Press
Page : 402 pages
File Size : 49,5 Mb
Release : 2018-10-09
Category : History
ISBN : 9780674989528

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The Second Creation by Jonathan Gienapp Pdf

Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.

Common Good Constitutionalism

Adrian Vermeule
Common Good Constitutionalism Book PDF

Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 46,8 Mb
Release : 2022-02-08
Category : Political Science
ISBN : 9781509548880

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Common Good Constitutionalism by Adrian Vermeule Pdf

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.

Against Constitutional Originalism

Jonathan Gienapp
Against Constitutional Originalism Book PDF

Author : Jonathan Gienapp
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2024-09-03
Category : Law
ISBN : 0300265859

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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

Originalism as Faith

Eric J. Segall
Originalism as Faith Book PDF

Author : Eric J. Segall
Publisher : Cambridge University Press
Page : 259 pages
File Size : 54,9 Mb
Release : 2018-10-18
Category : Law
ISBN : 9781107188556

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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.

Original Meanings

Jack N. Rakove
Original Meanings Book PDF

Author : Jack N. Rakove
Publisher : Vintage
Page : 464 pages
File Size : 43,8 Mb
Release : 2010-04-21
Category : Political Science
ISBN : 9780307434517

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Original Meanings by Jack N. Rakove Pdf

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.

America's Unwritten Constitution

Akhil Reed Amar,Akhil Amar
America s Unwritten Constitution Book PDF

Author : Akhil Reed Amar,Akhil Amar
Publisher : Basic Books
Page : 640 pages
File Size : 51,9 Mb
Release : 2012-09-11
Category : Law
ISBN : 9780465033096

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America's Unwritten Constitution by Akhil Reed Amar,Akhil Amar Pdf

Explores the little-understood relationship between the written Constitution and the many external factors that shape the interpretations of this foundational document.

The Hollow Core of Constitutional Theory

Donald L. Drakeman
The Hollow Core of Constitutional Theory Book PDF

Author : Donald L. Drakeman
Publisher : Cambridge University Press
Page : 247 pages
File Size : 54,8 Mb
Release : 2021-04-08
Category : History
ISBN : 9781108485289

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The Hollow Core of Constitutional Theory by Donald L. Drakeman Pdf

The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.

Madison’s Hand

Mary Sarah Bilder
Madison s Hand Book PDF

Author : Mary Sarah Bilder
Publisher : Harvard University Press
Page : 358 pages
File Size : 48,8 Mb
Release : 2015-10-19
Category : History
ISBN : 9780674495500

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Madison’s Hand by Mary Sarah Bilder Pdf

No document depicts the Constitutional Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with the force of Madison’s Notes. But how reliable is this account? Drawing on digital technologies and textual analysis, Mary Sarah Bilder reveals that Madison revised to a far greater extent than previously recognized.