Constitutional Originalism

Constitutional Originalism
Publisher Cornell University Press
Release Date
Category History
Total Pages 224
ISBN 9780801460630
Rating 4/5 from 21 reviews
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Elucidates the debate between constitutional originalism and the "living constitution" approach.

Constitutional Originalism
  • Author : Robert W. Bennett,Lawrence B. Solum
  • Publisher : Cornell University Press
  • Release Date : 2011-06-06

Elucidates the debate between constitutional originalism and the "living constitution" approach.

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Constitutional Originalism
  • Author : Robert W. Bennett,Lawrence B. Solum
  • Publisher : Cornell University Press
  • Release Date : 2011-06-06

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

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Originalism and the Good Constitution
  • Author : John O. McGinnis,Michael B. Rappaport
  • Publisher : Harvard University Press
  • Release Date : 2013-11-01

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted

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The Challenge of Originalism
  • Author : Grant Huscroft,Bradley W. Miller
  • Publisher : Cambridge University Press
  • Release Date : 2011-09-12

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy

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Originalism as Faith
  • Author : Eric J. Segall
  • Publisher : Cambridge University Press
  • Release Date : 2018-10-18

Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.

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Originalism and the Good Constitution
  • Author : John O. McGinnis,Michael B. Rappaport
  • Publisher : Harvard University Press
  • Release Date : 2013-11-01

Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted

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Living Originalism
  • Author : Jack M. Balkin
  • Publisher : Harvard University Press
  • Release Date : 2014-09-01

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional

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Originalism
  • Author : Steven G. Calabresi
  • Publisher : Simon and Schuster
  • Release Date : 2007-08-21

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

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Ourselves and Our Posterity
  • Author : Bradley C. S. Watson
  • Publisher : Lexington Books
  • Release Date : 2009

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.

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Originalism s Promise
  • Author : Lee J. Strang
  • Publisher : Cambridge University Press
  • Release Date : 2019-08-08

Provides the first natural law justification for an originalist interpretation of the American Constitution.

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How to Read the Constitution
  • Author : Christopher Wolfe
  • Publisher : Rowman & Littlefield
  • Release Date : 1996

Prominent constitutional scholar Christopher Wolfe challenges popular opinions by presenting an insightful and well-supported defense of originalist interpretations of the Constitution. He describes the traditional approach to constitutional interpretation and judicial review and then focuses his analysis on the due process clause, which has become the source of most modern

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Originalism in American Law and Politics
  • Author : Johnathan O'Neill,Professor Johnathan O'Neill
  • Publisher : JHU Press
  • Release Date : 2005-07-12

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

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Living Originalism
  • Author : Jack M. Balkin
  • Publisher : Harvard University Press
  • Release Date : 2011-11-29

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

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Originalism  Federalism  and the American Constitutional Enterprise
  • Author : Edward A. Purcell
  • Publisher : Yale University Press
  • Release Date : 2007-12-28

In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’

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Historicism  Originalism and the Constitution
  • Author : Patrick J. Charles
  • Publisher : McFarland
  • Release Date : 2014-05-12

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

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