Originalism As Faith PDF Download
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Author | : Eric J. Segall |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2018-10-18 |
Genre | : Law |
ISBN | : 1107188555 |
Download Originalism as Faith Book in PDF, ePub and Kindle
Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Download Keeping Faith with the Constitution Book in PDF, ePub and Kindle
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author | : Eric J. Segall |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 281 |
Release | : 2012-02-22 |
Genre | : Political Science |
ISBN | : |
Download Supreme Myths Book in PDF, ePub and Kindle
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
Author | : Eric J. Segall |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2018-10-18 |
Genre | : Law |
ISBN | : 1108117562 |
Download Originalism as Faith Book in PDF, ePub and Kindle
Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
Author | : Lee J. Strang |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2019-08-08 |
Genre | : History |
ISBN | : 1108475639 |
Download Originalism's Promise Book in PDF, ePub and Kindle
Provides the first natural law justification for an originalist interpretation of the American Constitution.
Author | : John O. McGinnis |
Publisher | : Harvard University Press |
Total Pages | : 309 |
Release | : 2013-11-01 |
Genre | : Law |
ISBN | : 067472626X |
Download Originalism and the Good Constitution Book in PDF, ePub and Kindle
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 by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Author | : J. M. Balkin |
Publisher | : Harvard University Press |
Total Pages | : 305 |
Release | : 2011-05-09 |
Genre | : History |
ISBN | : 0674058747 |
Download Constitutional Redemption Book in PDF, ePub and Kindle
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Author | : Antonin Scalia |
Publisher | : Crown Forum |
Total Pages | : 256 |
Release | : 2019-04-09 |
Genre | : Religion |
ISBN | : 1984823329 |
Download On Faith Book in PDF, ePub and Kindle
On Faith is an inspiring collection of the late Supreme Court justice Antonin Scalia's reflections on his own faith, on the challenges that religious believers face in modern America, and on the religious freedoms protected by the Constitution. Featuring a personal introduction by Justice Scalia's son Father Paul Scalia, this volume will enrich every reader's understanding of the legendary justice. Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.
Author | : Adrian Vermeule |
Publisher | : John Wiley & Sons |
Total Pages | : 171 |
Release | : 2022-02-08 |
Genre | : Political Science |
ISBN | : 1509548882 |
Download Common Good Constitutionalism Book in PDF, ePub and Kindle
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Author | : Richard L. Hasen |
Publisher | : Yale University Press |
Total Pages | : 245 |
Release | : 2018-03-20 |
Genre | : Biography & Autobiography |
ISBN | : 0300228643 |
Download The Justice of Contradictions Book in PDF, ePub and Kindle
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order