
To Secure These Rights
Description
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Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Reviews / Votes
"Highly recommended. To be commended for seeking to find a firmer guide to constitutional meanings than the personal predilections of judges." (Law and Politics Book Review) "A distinctive contribution to the debate over the `return to a jurisprudence of original intent.' Gerber's thesis is provocative and will not sit well with either liberal or conservative advocates of a `jurisprudence of original intent' or their critics." - David M. O'Brien,University of Virginia "A delight to read. . . . Gerber states the principles of a liberal originalism far more clearly and accessibly than any other work on constitutional interpretation. . . . a rare and welcome addition." (American Political Science Review)More details
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Content
- Cover
- Title Page
- Copyright Page
- Contents
- Foreword
- Preface
- Introduction: Liberal Originalism
- I The Jurisprudence of the American Founding
- 1 The Declaration of Independence
- 2 The Constitution of the United States
- II Natural Rights and the Role of the Court
- 3 The Court
- 4 Checks on the Court
- 5 Constitutional Interpretation
- Conclusion: A New American Revolution?
- Notes
- Works Cited
- Index
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