The Failed Promise Of Originalism PDF Download
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Author | : Frank Cross |
Publisher | : Stanford University Press |
Total Pages | : 237 |
Release | : 2013-01-09 |
Genre | : Law |
ISBN | : 0804784698 |
Download The Failed Promise of Originalism Book in PDF, ePub and Kindle
Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
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 | : 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 | : Frank B. Cross |
Publisher | : Stanford University Press |
Total Pages | : 248 |
Release | : 2008-11-19 |
Genre | : Law |
ISBN | : 0804769818 |
Download The Theory and Practice of Statutory Interpretation Book in PDF, ePub and Kindle
Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.
Author | : James E. Fleming |
Publisher | : Oxford University Press, USA |
Total Pages | : 262 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199793379 |
Download Fidelity to Our Imperfect Constitution Book in PDF, ePub and Kindle
James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits to honouring aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders.
Author | : Jack M. Balkin |
Publisher | : Harvard University Press |
Total Pages | : 481 |
Release | : 2011-11-29 |
Genre | : Law |
ISBN | : 0674063031 |
Download Living Originalism Book in PDF, ePub and Kindle
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 theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
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 | : John F. Kowal |
Publisher | : The New Press |
Total Pages | : 493 |
Release | : 2021-09-21 |
Genre | : Law |
ISBN | : 1620975629 |
Download The People’s Constitution Book in PDF, ePub and Kindle
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author | : J. Harvie Wilkinson |
Publisher | : OUP USA |
Total Pages | : 174 |
Release | : 2012-03-12 |
Genre | : Law |
ISBN | : 0199846014 |
Download Cosmic Constitutional Theory Book in PDF, ePub and Kindle
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author | : Frank B. Cross |
Publisher | : Stanford University Press |
Total Pages | : 268 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780804757133 |
Download Decision Making in the U.S. Courts of Appeals Book in PDF, ePub and Kindle
This book studies the decisions of the United States circuit courts and their grounding in law and judicial ideology.