Originalism In American Law And Politics
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Originalism In American Law And Politics
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Author : Johnathan O'Neill
language : en
Publisher: JHU Press
Release Date : 2005-07-12
Originalism In American Law And Politics written by Johnathan O'Neill and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-12 with History categories.
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 In American Law And Politics
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Author : Johnathan O'Neill
language : en
Publisher: JHU Press
Release Date : 2005-07-12
Originalism In American Law And Politics written by Johnathan O'Neill and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-12 with History categories.
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.
Rethinking Constitutional Law
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Author : Earl M. Maltz
language : en
Publisher:
Release Date : 1994
Rethinking Constitutional Law written by Earl M. Maltz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.
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.
Ourselves And Our Posterity
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Author : Bradley C. S. Watson
language : en
Publisher: Lexington Books
Release Date : 2009-06-16
Ourselves And Our Posterity written by Bradley C. S. Watson and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-16 with Political Science categories.
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.
Living Originalism
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Author : Jack M. Balkin
language : en
Publisher: Harvard University Press
Release Date : 2011-11-29
Living Originalism written by Jack M. Balkin 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 2011-11-29 with Law categories.
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
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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.
The American Constitution And The Debate Over Originalism
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Author : Dennis J. Goldford
language : en
Publisher: Cambridge University Press
Release Date : 2005-04-25
The American Constitution And The Debate Over Originalism written by Dennis J. Goldford 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 2005-04-25 with Political Science categories.
Located at the intersection of law, political science, philosophy, and literary theory, this book explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. It traces that debate to a particular set of premises about the nature of language, interpretation, and objectivity, premises that raise the specter of unconstrained, unstructured constitutional interpretation that has haunted contemporary constitutional theory.
Conservative Thought And American Constitutionalism Since The New Deal
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Author : Johnathan O'Neill
language : en
Publisher: JHU Press
Release Date : 2022-11-29
Conservative Thought And American Constitutionalism Since The New Deal written by Johnathan O'Neill and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-29 with History categories.
"In this work of intellectual history, the author identifies four transformations in federal goverrnment that followed the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to each transformation"--
A Debt Against The Living
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Author : Ilan Wurman
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-31
A Debt Against The Living written by Ilan Wurman 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 2017-07-31 with Law categories.
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.