Original Meaning Jurisprudence
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Original Meaning Jurisprudence
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Author : United States. Department of Justice. Office of Legal Policy
language : en
Publisher:
Release Date : 1987
Original Meaning Jurisprudence written by United States. Department of Justice. Office of Legal Policy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Constitutional law categories.
Original Meaning Jurisprudence
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Author :
language : en
Publisher:
Release Date : 1987
Original Meaning Jurisprudence written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Constitutional law categories.
Original Meaning Jurisprudence
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Author : United States. Department of Justice. Office of Legal Policy
language : en
Publisher:
Release Date : 1987
Original Meaning Jurisprudence written by United States. Department of Justice. Office of Legal Policy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Constitutional law categories.
Report To The Attorney General
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Author :
language : en
Publisher:
Release Date : 1988
Report To The Attorney General written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with categories.
The Original Meaning Of The Fourteenth Amendment
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Author : Randy E. Barnett
language : en
Publisher: Harvard University Press
Release Date : 2021-11-02
The Original Meaning Of The Fourteenth Amendment written by Randy E. Barnett and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-02 with Law categories.
A Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.
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.
Understanding Clarence Thomas
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Author : Ralph A. Rossum
language : en
Publisher: University Press of Kansas
Release Date : 2014-02-10
Understanding Clarence Thomas written by Ralph A. Rossum and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-10 with Biography & Autobiography categories.
Though Clarence Thomas has been a Supreme Court Justice for nearly 25 years and has written close to five hundred opinions, legal scholars and pundits have given him short shrift, often, in fact, dismissing him as a narrow partisan, a silent presence on the bench, an enemy of his race, a tool of Antonin Scalia. And yet, as this book makes clear, few justices of the Supreme Court have developed as clear and consistent a constitutional jurisprudence as Thomas. Also little known but apparent in Ralph A. Rossum's detailed assessment of the justice's jurisprudence is how profound Thomas's impact has been in certain areas of constitutional law—not only on the bench but also even among some of his erstwhile disparaging critics. During his years on the Court, Thomas has pursued an original general meaning approach to constitutional interpretation; he has been unswayed by claims of precedent—by the gradual build-up of interpretations that, to his mind, come to distort the original meaning of the constitutional provision in question, leading to muddled decisions and contradictory conclusions. In a close reading of Thomas's hundreds of well-crafted, extensively researched, and passionately argued majority, concurring, and dissenting opinions, Rossum explores how the justice applies this original meaning approach to questions of constitutional structure as they relate to federalism; substantive rights found in the First Amendment's religion and free speech and press clauses, the Second Amendment's right to keep and bear arms, the Fifth Amendment's restrictions on the taking of private property, and the Fourteenth Amendment regarding abortion rights; and various criminal procedural provisions found in the Ex Post Facto Clauses and the Bill of Rights. Thomas grounds his original general meaning approach in the Declaration of Independence and its "self evident" truth that "all men are created equal"; that truth, he insists, "preced[es] and underl[ies] the Constitution." Understanding Clarence Thomas traces the many consequences that, for Thomas, flow from the centrality of that "self evident" truth, and how these shape his opinions in cases concerning desegregation, racial preference, and voting rights. The most thorough explication ever given of the jurisprudence of this prolific but little-understood justice, this work offers a unique opportunity to grasp not just the meaning of Clarence Thomas's opinions but their significance for the Supreme Court and constitutional interpretation in our day.
The Challenge Of Originalism
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-12
The Challenge Of Originalism written by Grant Huscroft 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 2011-09-12 with Law categories.
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.
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 Interpretation
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Author : Keith E. Whittington
language : en
Publisher:
Release Date : 1999
Constitutional Interpretation written by Keith E. Whittington and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Constitutional law categories.
Constitutional interpretation -- The dilemmas of contemporary constitutional theory -- The authority of originalism and the nature of the written Constitution -- A defense of originalism and the written Constitution -- Popular sovereignty and originalism -- The nature and limits of originalist jurisprudence.