Keeping Faith with the Constitution

Keeping Faith with the Constitution PDF Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The American and English Annotated Cases

The American and English Annotated Cases PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1442

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Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases

Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases PDF Author: United States. Patent Office
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 632

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Annotated Cases, American and English

Annotated Cases, American and English PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1450

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The American and English Railroad Cases

The American and English Railroad Cases PDF Author:
Publisher:
ISBN:
Category : Railroad law
Languages : en
Pages : 954

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The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States

The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 808

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Records and Briefs of the United States Supreme Court

Records and Briefs of the United States Supreme Court PDF Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 876

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The American and English Encyclopædia of Law

The American and English Encyclopædia of Law PDF Author: David Shephard Garland
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1418

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The American and English Encyclopaedia of Law

The American and English Encyclopaedia of Law PDF Author: David Shephard Garland
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1344

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United States Reports

United States Reports PDF Author: United States. Supreme Court
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 1226

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