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.
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 Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.
Keeping Faith with the Constitution
Keeping Faith with 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 Keeping Faith with the Constitution write by Goodwin Liu. This book was released on 2010-08-05. Keeping Faith with the Constitution available 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.
Selected Theories of Constitutional Interpretation
Selected Theories of Constitutional Interpretation - 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 Selected Theories of Constitutional Interpretation write by . This book was released on . Selected Theories of Constitutional Interpretation available in PDF, EPUB and Kindle.
Supreme Court Confirmation Hearings and Constitutional Change
Supreme Court Confirmation Hearings and Constitutional Change - 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 Supreme Court Confirmation Hearings and Constitutional Change write by Paul M. Collins. This book was released on 2013-06-24. Supreme Court Confirmation Hearings and Constitutional Change available in PDF, EPUB and Kindle. This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.
