the language of law and the foundations of american constitutionalism

Download Book The Language Of Law And The Foundations Of American Constitutionalism in PDF format. You can Read Online The Language Of Law And The Foundations Of American Constitutionalism here in PDF, EPUB, Mobi or Docx formats.

The Language Of Law And The Foundations Of American Constitutionalism

Author : Gary L. McDowell
ISBN : 9780521140911
Genre : Law
File Size : 82. 93 MB
Format : PDF, Docs
Download : 602
Read : 852

Download Now


"In this fine book, Gary McDowell shows that the Constitution is our fundamental law---not our master, but our guide and mentor. Only at our peril do we try to make it our servant."---Harvey Mansfield, Harvard University "Erudite and lucid: McDowell's book is a must-read for those who wish to understand the philosophical and linguistic roots of the originalist tradition of constitutional interpretation."-R. Kent Newmyer, University of Connecticut School of Law "This book adds a major dimension of depth to the case for guiding judicial interpretation of the Constitution by the original intent of the framers. McDowell articulates a deeply thought-provoking meditation, informed by a fertile understanding of key foundations for originalism articulated by major figures in political philosophy, in the common law, and among the Founders themselves who shaped the theorizing that informs our constitutional order."---Thomas Pangle, University of Texas at Austin "For several decades, Gary McDowell has been one of our most brilliant and learned students of law and political philosophy. This book is his summa, a profound defense of originalism as a moral Constitutional philosophy, a brilliant discourse on the framers and their philosophical forbears and successors, and a powerful handbook of strategy in what McDowell calls `the contemporary war for the Constitution.'This work is essential reading for anyone who cares about the Supreme Court and the Constitution, but it is more. It is, simply stated, one of this generation's most important contributions toward preserving the rule of law itself."---Stephen Presser, Northwestern University School of Law "In this timely book, the case against the so-called `living' constitution is so powerfully argued and so clearly presented that it cannot be ignored."---Gordon S. Wood, Brown University

Foundations Of American Constitutionalism

Author : David A. J. Richards
ISBN : 0195363116
Genre : Philosophy
File Size : 90. 88 MB
Format : PDF, ePub, Mobi
Download : 205
Read : 583

Download Now


In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.

The Foundations Of American Constitutionalism

Author : Andrew Cunningham McLaughlin
ISBN : 9781584772279
Genre : History
File Size : 55. 37 MB
Format : PDF, Docs
Download : 684
Read : 1082

Download Now


McLaughlin, Andrew C. The Foundations of American Constitutionalism. New York: The New York University Press, 1932. vii, 176 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-227-1. Cloth. $65. * An historian with a legal background, McLaughlin [1861-1947] traces the principles of justice embodied by the United States Constitution to the influence of colonial New England political philosophy and Puritan practices and ideals of personal rights and limited government. A reprint of the Anson G. Phelps Lectures on Early American History delivered at New York University in 1932.

God And Man In The Law

Author : Robert Lowry Clinton
ISBN : UOM:39015040625512
Genre : Philosophy
File Size : 32. 41 MB
Format : PDF, ePub, Mobi
Download : 809
Read : 1148

Download Now


Is man truly the measure of all things? If so, then perhaps that very premise accounts for our nation's constitutional ills. In a wide-ranging study based on legal history, political theory, and philosophical concepts going all the way back to Plato, Robert Clinton seeks to challenge current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents. Building upon his widely-discussed work Marbury v. Madison and Judicial Review, in which he urged the need for greater judicial accountability, Clinton reviews the transformation of legal traditions through the "Marbury Myth" and advocates a jurisprudence that would constrain capricious judicial interpretation by re-establishing traditional methods of legal analysis and rules of precedent. He seeks to ground constitutional theory in common law reasoning, and to ground common law reasoning in a naturalistic jurisprudence—conceived along Thomistic lines—that presupposes a transcendent source of legal order in the world. Clinton argues that his proposed reorientation is superior to today's most influential approaches to constitutional interpretation, particularly academic moralism and subjective intentionalism. His account of the doctrine of original intention particularly helps to clarify an issue that has until now received much political attention but little scholarly analysis that is not already associated with these prevailing approaches. God and Man in the Law joins a literature that stands at the intersection of political science and the study of law and will enlighten scholars who study constitutional matters in both fields. By focusing on the relation between judicial review and constitutional interpretation, it challenges judges to reclaim the traditions of the past for the sake of democracy's future.

Constitutionalism

Author : Larry Alexander
ISBN : 0521799996
Genre : Law
File Size : 28. 32 MB
Format : PDF, Mobi
Download : 315
Read : 1183

Download Now


This specially commissioned volume examines the issue of constitutionalism.

Foundations Of American Constitutionalism

Author : David A. J. Richards
ISBN : 9780195059397
Genre : Performing Arts
File Size : 66. 23 MB
Format : PDF, Kindle
Download : 827
Read : 568

Download Now


In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.

Four Pillars Of Constitutionalism

Author : Richard Howard Cox
ISBN : UVA:X004767760
Genre : Law
File Size : 90. 96 MB
Format : PDF, ePub
Download : 654
Read : 724

Download Now


This book brings together for the first time in a single volume the four primary documents that, since 1878, have formed a type of "preamble" to the revised United States Code: the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution.

The Legal Foundations Of Inequality

Author : Roberto Gargarella
ISBN : 9780521195027
Genre : Law
File Size : 36. 3 MB
Format : PDF
Download : 671
Read : 240

Download Now


This book explores the influence of opposing constitutional ideals during the "founding period" of constitutionalism in the Americas. Examining a range of countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela, Roberto Gargarella outlines these views and traces their influence to the present day.

Colonial Origins Of The American Constitution

Author : Donald S. Lutz
ISBN : STANFORD:36105060994543
Genre : History
File Size : 75. 70 MB
Format : PDF, Kindle
Download : 926
Read : 470

Download Now


This landmark collection of eighty documents created by the American colonists--and not English officials--is the genesis of American fundamental law and constitutionalism. Included are all documents attempting to unite the colonies, beginning with the New England Confederation of 1643.

The Second Creation

Author : Jonathan Gienapp
ISBN : 9780674185043
Genre : History
File Size : 22. 54 MB
Format : PDF, Mobi
Download : 446
Read : 779

Download Now


Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.

Top Download:

Best Books