The Framers' Intentions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Framers' Intentions write by Robert E. Ross. This book was released on 2019-05-31. The Framers' Intentions available in PDF, EPUB and Kindle. Robert Ross addresses a fascinating and unresolved constitutional question: why did political parties emerge so quickly after the framers designed the Constitution to prevent them? The text of the Constitution is silent on this question. Most scholars of the subject have taken that silence to be a hostile one, arguing that the adoption of the two-party system was a significant break from a long history of antiparty sentiments and institutional design aimed to circumscribe party politics. The constitutional question of parties addresses the very nature of representation, democracy, and majority rule. Political parties have become a vital institution of representation by linking the governed with the government. Efforts to uphold political parties have struggled to come to terms with the apparent antiparty sentiments of the founders and the perception that the Constitution was intended to work against parties. The Framers’ Intentions connects political parties and the two-party system with the Constitution in a way that no previous account has, thereby providing a foundation for parties and a party system within American constitutionalism. This book will appeal to readers interested in political parties, constitutional theory, and constitutional development.
The Hollow Core of Constitutional Theory
The Hollow Core of Constitutional Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Hollow Core of Constitutional Theory write by Donald L. Drakeman. This book was released on 2021-04-08. The Hollow Core of Constitutional Theory available in PDF, EPUB and Kindle. The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Original Intent and the Framers' Constitution
Original Intent and the Framers' Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Original Intent and the Framers' Constitution write by Leonard W. Levy. This book was released on 2000-08-15. Original Intent and the Framers' Constitution available in PDF, EPUB and Kindle. For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
Original Intentions
Original Intentions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Original Intentions write by Melvin Eustace Bradford. This book was released on 1993. Original Intentions available in PDF, EPUB and Kindle. This persuasively argued, decidedly partisan work aims to recover the original United States Constitution by describing its genesis, ratification, and mandate from the perspectives of its original framers. Openly challenging contemporary orthodoxy, M. E. Bradford employs principles of legal, historical, rhetorical, and dramatic analysis to reveal a Constitution notably short on abstract principles and modest in any goal beyond limiting the powers of the government it authorizes. From the beginning of Original Intentions, two sharply divergent convictions about the Constitution emerge. Bradford, arguing from a nomocratic viewpoint, regards the Constitution as an essentially procedural text created expressly to detail how the government may preside over itself not its people. He decries the currently predominant teleologic view, which is based upon the "principles" embodied by the Constitution, and holds that the document was designed to achieve a certain kind of society. By this view, he says, our fundamental laws have been blanketed by a heavy layer of ad hoc solutions to problems they were never intended to address, and then further obscured by the melioristic meddlings of judges, legislators, lawyers, scholars, and journalists. Bradford first shows that the Constitutional convention of 1787 was an enterprise guided by the delegates' hesitancy to impose a higher order over their local, practical, and vastly differing interests. Though all the states would ratify the Constitution, he says, each would interpret it in unique ways. Bradford underscores the dearth of lofty idealism among the original framers by detailing British influences on their political ethos. British common law, on which the framers heavily relied, evolved from a tradition of deliberate responses to practical needs and circumstances, not deductions from abstract utopian designs. In light of these factors, Bradford examines the ratification debates of Massachusetts, South Carolina, and North Carolina - three states that together exemplified the vast range of interests to be accommodated by the Constitution. Next Bradford highlights classic teleologic distortions. Discussing religion and the first amendment, he establishes a pervasive commitment to Christianity among the framers and challenges our notions about the separation of church and state. Warning against anachronistic readings of the Constitution, Bradford also analyzes the rhetoric of the framers to reinforce our awareness of their desire for a government that would contain their multiplicities, not seek to resolve them. In a reading of the Reconstruction amendments (thirteen, fourteen, and fifteen) Bradford argues that they had only a modest impact on the Constitution's original design. By the misconstruction of these amendments, however, the Constitution has been transformed into "a purpose oriented blank check for redesigning American society." In a final chapter Bradford critiques Mortimer Adler's We Hold These Truths and repudiates any broad connection between the Constitution and the Declaration of Independence. Before the Constitution is irreparably damaged, Bradford says, we must realize that it was not the best that the framers could invent but the best that their constituencies would approve. Debates related to normative issues should be settled not within the Constitution but within society, away from the coercive forces of law and politics - or else by amendment.
Original Intent and the Framers of the Constitution
Original Intent and the Framers of the Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Original Intent and the Framers of the Constitution write by Harry V. Jaffa. This book was released on 1994. Original Intent and the Framers of the Constitution available in PDF, EPUB and Kindle. A unique contribution to the debate over the original intentions of the Framers of the U.S. Constitutions.
