Original Intent And The Framers Constitution
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Original Intent And The Framers Constitution
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Author : Leonard Williams Levy
language : en
Publisher: Rowman & Littlefield
Release Date : 2000
Original Intent And The Framers Constitution written by Leonard Williams Levy and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Constitutional history categories.
For years a debate has raged between those who would follow the intentions of the Founding Fathers and those who would continuously reinterpret the Constitution.
Original Intent And The Framers Of The Constitution
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Author : Harry V. Jaffa
language : en
Publisher: Regnery Publishing
Release Date : 1994
Original Intent And The Framers Of The Constitution written by Harry V. Jaffa and has been published by Regnery Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.
A unique contribution to the debate over the original intentions of the Framers of the U.S. Constitutions.
The Road To Mass Democracy
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Author : C. H. Hoebeke
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Road To Mass Democracy written by C. H. Hoebeke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Political Science categories.
Until 1913 and passage of the Seventeenth Amendment to the United States Constitution, US senators were elected by state legislatures, not directly by the people. Progressive Era reformers urged this revision in answer to the corruption of state "machines" under the dominance of party bosses. They also believed that direct elections would make the Senate more responsive to popular concerns regarding the concentrations of business, capital, and labor that in the industrial era gave rise to a growing sense of individual voicelessness. Popular control over the higher affairs of government was thought to be possible, since the spread of information and communications technology was seen as rendering indirect representation through state legislators unnecessary. However sincerely such reasons were advanced, C. H. Hoebeke contends, none of them accorded with the original intent of the Constitution's framers.The driving force behind the Seventeenth Amendment was the furtherance of democracy?exactly what the founders were trying to prevent in placing the Senate out of direct popular reach. Democracy was not synonymous with liberty as it is today, but simply meant the absolute rule of the majority. In full reaction to the egalitarian theories of the Enlightenment, and to the excesses of popular government under the Articles of Confederation, the Constitution's framers sought a "mixed" Constitution, an ancient ideal under which democracy was only one element in a balanced republic. Accordingly, only the House of Representatives answered immediately to the people. But as Hoebeke demonstrates, the states never resisted egalitarian encroachments, and had settled for popular expedients when electing both presidents and senators long before the formal cry for amendment. The Progressives' charge that a corrupt and unresponsive Senate could never be reformed until placed directly in the hands of the people was refuted by the amendment itself. As required by the Constitutio
Negotiating The Constitution
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Author : Joseph M. Lynch
language : en
Publisher: Cornell University Press
Release Date : 2005
Negotiating The Constitution written by Joseph M. Lynch and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Interpreting The Constitution
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Author : Jack N. Rakove
language : en
Publisher:
Release Date : 1990
Interpreting The Constitution written by Jack N. Rakove and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with History categories.
A variety of views that survey the debate over the extent to which the intentions of the Constitution's framers should be used in contemporary adjudication.
The Hollow Core Of Constitutional Theory
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Author : Donald L. Drakeman
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08
The Hollow Core Of Constitutional Theory written by Donald L. Drakeman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with History categories.
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Constitutional Originalism
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Author : Robert W. Bennett
language : en
Publisher: Cornell University Press
Release Date : 2011-06-06
Constitutional Originalism written by Robert W. Bennett and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-06 with Law categories.
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.
Original Meanings
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Author : Jack N. Rakove
language : en
Publisher: Vintage
Release Date : 2010-04-21
Original Meanings written by Jack N. Rakove and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-21 with Political Science categories.
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.
Original Intentions
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Author : Melvin Eustace Bradford
language : en
Publisher:
Release Date : 1993
Original Intentions written by Melvin Eustace Bradford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
This persuasively argued, decidedly partisan work aims to recover the original United States Constitution by describing its genesis, ratification, and mandate from the perspectives of its original framers. Openly challenging contemporary orthodoxy, M. E. Bradford employs principles of legal, historical, rhetorical, and dramatic analysis to reveal a Constitution notably short on abstract principles and modest in any goal beyond limiting the powers of the government it authorizes. From the beginning of Original Intentions, two sharply divergent convictions about the Constitution emerge. Bradford, arguing from a nomocratic viewpoint, regards the Constitution as an essentially procedural text created expressly to detail how the government may preside over itself not its people. He decries the currently predominant teleologic view, which is based upon the "principles" embodied by the Constitution, and holds that the document was designed to achieve a certain kind of society. By this view, he says, our fundamental laws have been blanketed by a heavy layer of ad hoc solutions to problems they were never intended to address, and then further obscured by the melioristic meddlings of judges, legislators, lawyers, scholars, and journalists. Bradford first shows that the Constitutional convention of 1787 was an enterprise guided by the delegates' hesitancy to impose a higher order over their local, practical, and vastly differing interests. Though all the states would ratify the Constitution, he says, each would interpret it in unique ways. Bradford underscores the dearth of lofty idealism among the original framers by detailing British influences on their political ethos. British common law, on which the framers heavily relied, evolved from a tradition of deliberate responses to practical needs and circumstances, not deductions from abstract utopian designs. In light of these factors, Bradford examines the ratification debates of Massachusetts, South Carolina, and North Carolina - three states that together exemplified the vast range of interests to be accommodated by the Constitution. Next Bradford highlights classic teleologic distortions. Discussing religion and the first amendment, he establishes a pervasive commitment to Christianity among the framers and challenges our notions about the separation of church and state. Warning against anachronistic readings of the Constitution, Bradford also analyzes the rhetoric of the framers to reinforce our awareness of their desire for a government that would contain their multiplicities, not seek to resolve them. In a reading of the Reconstruction amendments (thirteen, fourteen, and fifteen) Bradford argues that they had only a modest impact on the Constitution's original design. By the misconstruction of these amendments, however, the Constitution has been transformed into "a purpose oriented blank check for redesigning American society." In a final chapter Bradford critiques Mortimer Adler's We Hold These Truths and repudiates any broad connection between the Constitution and the Declaration of Independence. Before the Constitution is irreparably damaged, Bradford says, we must realize that it was not the best that the framers could invent but the best that their constituencies would approve. Debates related to normative issues should be settled not within the Constitution but within society, away from the coercive forces of law and politics - or else by amendment.
Originalism S Promise
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Author : Lee J. Strang
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-08
Originalism S Promise written by Lee J. Strang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-08 with History categories.
Provides the first natural law justification for an originalist interpretation of the American Constitution.