originalism in american law and politics a constitutional history the johns hopkins series in constitutional thought

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Originalism In American Law And Politics

Author : Johnathan O'Neill
ISBN : 0801881110
Genre : History
File Size : 61. 39 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.

Beyond Origins

Author : Angélica Maria Bernal
ISBN : 9780190685638
Genre : Political Science
File Size : 52. 41 MB
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The foundings of constitutional democracies are commonly traced to singular moments. In turn, these moments of national origin are characterized as radical political innovations, notable for their civic unity, perfect legitimacy and binding authority. This common view is attractive as it suggests original founding events, actors, and ideals that can be evoked to legitimize state authority and unify citizens. Angélica Maria Bernal challenges this view of foundings, however, explaining that it is ultimately dangerous, misguided, and unsustainable. Beyond Origins argues that the ascription of a universal authority to original founding events is problematic because it limits our understanding of subsequent foundational changes, political transformation and innovation. This singular view also confounds our ability to account for all of the actors and venues through which foundation-building and constitutional transformation occurs. Because such understandings of national foundings obscure the many power struggles at work in them, these origin stories are troubling and unhelpful. In the wake of these limited views of founding, Bernal develops an alternate approach: "founding beyond origins." Rather than asserting that founding events are authoritatively settled and relegated to history, this framework redefines foundings as contentious, uncertain, and incomplete. Indeed, the book looks at a wide variety of contexts-early imperial Rome; revolutionary Haiti and France; the mid-20th century, racially-segregated United States; and contemporary Latin America-to reconsider political foundings as a contestatory and ongoing dimension of political life. Bridging classic and contemporary political and constitutional theory with historical readings, Bernal reorients approaches to foundings, arguing that it is only through context-specific and pragmatist understandings of political origins that we can realize the potential for radical democratic change.

Historicism Originalism And The Constitution

Author : Patrick J. Charles
ISBN : 9780786479313
Genre : History
File Size : 67. 65 MB
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The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy. "The past too easily becomes a political football, a pawn in contemporary political debates about law and history. Charles is keenly aware of the abuse of history by lawyers, but also the abuse of law by historians. History's 'dead hand,' Charles argues, should be invoked carefully and judiciously. To his credit, Charles's goal in this book is to improve the fraught dialogue between history and law."--Robert J. Spitzer, SUNY Cortland, author of Saving the Constitution from Lawyers and The Politics of Gun Control "A rich and searching account of how the past should shape the present that sheds new light on many of our generation's most challenging constitutional problems."--Gerard Magliocca, Samuel R. Rosen Professor of Law, Indiana University Robert H. McKinney School of Law "In this thoughtful and ambitious book, Patrick Charles addresses some of the central questions in all of constitutional interpretation. Charles 'historical guideposts' approach simultaneously supports and challenges the positions of self-identified originalists and living constitutionalists alike. It represents a useful intervention in the ongoing debate between those camps."--Joseph Blocher, Associate Professor of Law, Duke University.

Program Of The Annual Meeting

Author : Organization of American Historians. Meeting
ISBN : UCSC:32106020343213
Genre : History
File Size : 87. 87 MB
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Oah Annual Meeting

Author : Organization of American Historians. Meeting
ISBN : IND:30000116759956
Genre : Historians
File Size : 63. 40 MB
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Program Of The Annual Meeting

Author : American Historical Association. Meeting
ISBN : OSU:32435079285193
Genre :
File Size : 83. 57 MB
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Constitutional Law For A Changing America

Author : Lee Epstein
ISBN : 9781452242057
Genre : Law
File Size : 30. 79 MB
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Constitutional Law for a Changing America draws on political science as well as legal studies to analyze and excerpt cases. With meticulous revising and updating throughout, Epstein and Walker streamline material while accounting for recent landmark cases and new scholarship.

American Book Publishing Record

Author :
ISBN : UOM:39015066043244
Genre : American literature
File Size : 85. 10 MB
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Bibliographie Internationale De Science Politique

Author :
ISBN : UOM:39015066247878
Genre : Political science
File Size : 72. 78 MB
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Subject Guide To Books In Print

Author :
ISBN : UOM:39015062097624
Genre : American literature
File Size : 41. 31 MB
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