constitutional interpretation textual meaning original intent and judicial review

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Constitutional Interpretation

Author : Keith E. Whittington
ISBN : UOM:39076002012875
Genre : Law
File Size : 30. 58 MB
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Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but not engaging their opponents. This book breaks out of those neat compartments and reinvigorates the debate over how the judiciary should interpret the Constitution. Keith Whittington reconsiders the implications of fundamental legal commitment to faithfully interpret our written Constitution. Making use of arguments drawn from American history, political philosophy, and literary theory, he examines what it means to interpret a written constitution and how the courts should go about that task. He concludes that when interpreting the Constitution, the judiciary should adhere to the discoverable intentions of the Founders. Other "originalists" have also asserted that their approach is required by the Constitution but have neither defended that claim nor effectively responded to critics of their assumptions or their method. This book sympathetically examines the most sophisticated critiques of originalism based on postmodern, hermeneutic, and literary theory, as well as the most common legal arguments against originalists. Whittington explores these criticisms, their potential threat to originalism, and how originalist theory might be reconstructed to address their concerns. In a nondogmatic and readily understandable way, he explains how originalist methods can be reconciled with an appropriate understanding of legal interpretation and why originalism has much to teach constitutional theorists of all stripes, lie also shows how originalism helps realize the democratic promise of the Constitution without relying onassumptions of judicial restraint. This book carefully examines both the possibilities and the limitations of constitutional interpretation and judicial review. It shows us not only what the judiciary ought to do, but what the limits of appropriate judicial review are and how judicial review fits into a larger system of constitutional government. With its detailed and wide-ranging explorations in history, philosophy, and law, this book should be essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government.

Originalism In American Law And Politics

Author : Johnathan O'Neill
ISBN : 0801881110
Genre : History
File Size : 43. 14 MB
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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.

Church State And Original Intent

Author : Donald L. Drakeman
ISBN : 9780521119184
Genre : Law
File Size : 51. 4 MB
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This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.

Moral Puzzles And Legal Perplexities

Author : Heidi M. Hurd
ISBN : 9781316510452
Genre : Law
File Size : 81. 79 MB
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Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.

White House Studies Compendium

Author : Glenn P. Hastedt
ISBN : 1600216803
Genre : Political Science
File Size : 42. 10 MB
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The American Presidency has become one of the most powerful offices in the world with the ascendency of American power in the 20th century.'White House Studies Compendium' brings together piercing analyses of the American presidency -- dealing with both currect issues and historical events.The compendia are the bound issues of 'White House Studies' with the addition of a comprehensive subject index.

The Cosmopolitan Constitution

Author : Alexander Somek
ISBN : 9780191030925
Genre : Law
File Size : 24. 71 MB
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Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Judicial Review And Constitutional Politics

Author : Keith E. Whittington
ISBN : 0872292185
Genre : Constitutional law
File Size : 87. 81 MB
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Origins of judicial review in the United States -- Early judicial review -- Slavery and war -- The administrative state and a national economy -- A rights revolution -- Judicial oscillation

Unchecked And Unbalanced

Author : Schwarz O.
ISBN : 9781595587459
Genre : Political Science
File Size : 26. 40 MB
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Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

Same Sex Marriage And The Constitution

Author : Evan Gerstmann
ISBN : 0521009529
Genre : Law
File Size : 42. 19 MB
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Same Sex Marriage and the Constitution argues that same-sex marriage is an important constitutional issue facing society.

Frederick Douglass And The Fourth Of July

Author : James A. Colaiaco
ISBN : 9781466892781
Genre : History
File Size : 64. 20 MB
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On July 5th, 1852, Frederick Douglass, one of the greatest orators of all time, delivered what was arguably the century's most powerful abolition speech. At a time of year where American freedom is celebrated across the nation, Douglass eloquently summoned the country to resolve the contradiction between slavery and the founding principles of our country. In this book, James A. Colaiaco vividly recreates the turbulent historical context of Douglass' speech and delivers a colorful portrait of the country in the turbulent years leading to the civil war. This book provides a fascinating new perspective on a critical time in American history.

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