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Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 196
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Book Description
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 202
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Book Description
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 196
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Book Description
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 177
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Book Description
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 196
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Book Description
Author:
Publisher:
ISBN: 9780160036323
Category :
Languages : en
Pages : 185
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Book Description
Author: Donald L. Drakeman
Publisher: Cambridge University Press
ISBN: 1108485286
Category : History
Languages : en
Pages : 247
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Book Description
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 177
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Book Description
Author: Randy E. Barnett
Publisher: Harvard University Press
ISBN: 0674270134
Category : Law
Languages : en
Pages : 489
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Book Description
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.
Author: Robert W. Bennett
Publisher: Cornell University Press
ISBN: 0801461111
Category : Law
Languages : en
Pages : 223
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Book Description
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.
Author: Jack N. Rakove
Publisher: Vintage
ISBN: 0307434516
Category : Political Science
Languages : en
Pages : 464
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Book Description
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.
