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Ourselves And Our Posterity

Author: Bradley C. S. Watson
Publisher: Lexington Books
ISBN: 9780739127896
Size: 68.82 MB
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In this volume, Bradley C. S. Watson brings together some of America's leading constitutional scholars to reflect on the meaning and significance of _originalism_ in constitutional interpretation and politics. The book brings the subject of constitutional interpretation down from the clouds, showing its relationship to the concerns of the citizen.

The Heritage Guide To The Constitution

Author: David F. Forte
Publisher: Simon and Schuster
ISBN: 1621573524
Size: 18.16 MB
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A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

The Living Constitution

Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 9780199752539
Size: 60.42 MB
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Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The Flexible Constitution

Author: Sean Wilson
Publisher: Rowman & Littlefield
ISBN: 0739178156
Size: 10.84 MB
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This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views of Ronald Dworkin and numerous law professors.

Passing On The Right

Author: Jon A. Shields
Publisher: Oxford University Press
ISBN: 0199860254
Size: 28.42 MB
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Few seem to think conservatives should become professors. While the left fears an invasion of their citadel by conservatives marching to orders from the Koch brothers, the right steers young conservatives away from a professorial vocation by lampooning its leftism. Shields and Dunn quiet these fears by shedding light on the hidden world of conservative professors through 153 interviews. Most conservative professors told them that the university is a far more tolerant place than its right-wing critics imagine. Many, in fact, first turned right in the university itself, while others say they feel more at home in academia than in the Republican Party. Even so, being a conservative in the progressive university can be challenging. Many professors admit to closeting themselves prior to tenure by passing as liberals. Some openly conservative professors even say they were badly mistreated on account of their politics, especially those who ventured into politicized disciplines or expressed culturally conservative views. Despite real challenges, the many successful professors interviewed by Shields and Dunn show that conservatives can survive and sometimes thrive in one of America's most progressive professions. And this means that liberals and conservatives need to rethink the place of conservatives in academia. Liberals should take the high road by becoming more principled advocates of diversity, especially since conservative professors are rarely close-minded or combatants in a right-wing war against the university. Movement conservatives, meanwhile, should de-escalate its polemical war against the university, especially since it inadvertently helps cement progressives' troubled rule over academia.

Living Originalism

Author: Jack M. Balkin
Publisher: Harvard University Press
ISBN: 0674063031
Size: 77.11 MB
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Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this long-awaited book. Step by step, Balkin shows how both liberals and conservatives play important roles in constitutional construction, and offers a way past the angry polemics of our era.

Madison S Hand

Author: Mary Sarah Bilder
Publisher: Harvard University Press
ISBN: 0674495500
Size: 80.35 MB
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No document depicts the Constitutional Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with the force of Madison’s Notes. But how reliable is this account? Drawing on digital technologies and textual analysis, Mary Sarah Bilder reveals that Madison revised to a far greater extent than previously recognized.

Restoring The Lost Constitution

Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 140084813X
Size: 56.75 MB
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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Originalism

Author: Steven G. Calabresi
Publisher: Simon and Schuster
ISBN: 1596980605
Size: 71.12 MB
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What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.