Ourselves and Our Posterity
Essays in Constitutional Originalism
Lexington Books (Publisher)
1st Edition
Published on 16. June 2009
324 pages
978-0-7391-3633-1 (ISBN)
Description
Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.
More details
Language
English
Place of publication
New York
United States
Publishing group
Bloomsbury Publishing Plc
Target group
Professional and scholarly
ISBN-13
978-0-7391-3633-1 (9780739136331)
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Schweitzer Classification
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06/2009
Lexington Books
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05/2009
Lexington Books
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Persons
Content
- Intro
- Contents
- Acknowledgments
- Introduction
- PART I. MATTERS OF INTERPRETATION
- Chapter 1. Original Meaning and Responsible Citizenship
- Chapter 2. "Common-Sense Constitutionalism": Why Constitutional Structure Matters for Justice Scalia
- PART II. ORIGINALISM AND THE JUDICIAL ROLE
- Chapter 3. Judicial Usurpation: Perennial Temptation, Contemporary Challenge
- Chapter 4. Authority Doctrines and the Proper Judicial Role: Judicial Supremacy, Stare Decisis, and the Concept of Judicial Constitutional Violations
- Chapter 5. Freedom Questions, Political Questions: Republicanism and the Myth of a "Bill of Rights"
- PART III. LAW AND POLITICS
- Chapter 6. Confirmations to the Court in Times Turned Mean: A Strategy for the Hearings
- Chapter 7. The Supreme Court and Changing Social Mores
- PART IV. ORIGINALISM AND POLITICAL THOUGHT
- Chapter 8. The Devil's Pitchfork: Scientism, Human Nature, and Modern Constitutional Thought
- Chapter 9. A Constitution to Die For? Congressional Authority to Raise an Army
- Chapter 10. Neoconservatives and the Courts: The Public Interest, 1965-1980
- Index
- About the Contributors
