Living Originalism

Author: Jack M. Balkin
Publisher: Belknap Press: An Imprint of Harvard University Press
ISBN: 0674416929
Size: 41.60 MB
Format: PDF, ePub
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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.


A Debt Against The Living An Introduction To Originalism

Author: Ilan Wurman
Publisher: Cambridge University Press
ISBN: 1108412165
Size: 27.82 MB
Format: PDF
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Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past', suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living, who benefit from them. In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory's leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court.

The Flexible Constitution

Author: Sean Wilson
Publisher: Lexington Books
ISBN: 0739178156
Size: 23.20 MB
Format: PDF, Mobi
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This is an ambitious work on constitutional theory. Influenced by the views of Ludwig Wittgenstein, Sean Wilson tackles the problem of how a judge can obey a document written in ordinary, flexible language. He argues that whether something is “constitutional” is not an historical fact, but is an artisan judgment. Criteria are set forth showing why some judgments represent superior connoisseurship and why others do not. Along the way, Wilson offers a potent critique of originalism. He not only explains this belief system, but shows why it is inherently incompatible with the American legal system. His conclusion is that originalism can only be understood as a legal ideology, not a meaningful contribution to philosophy of law. The ways of thinking about constitutional interpretation provided in the book end up challenging the scholarship of Ronald Dworkin and numerous law professors. And the findings also challenge the way that professors of politics often think about whether a judge has “followed law.”

The Grasping Hand Kelo V City Of New London And The Limits Of Eminent Domain

Author: Ilya Somin
Publisher: University Of Chicago Press
ISBN: 022642216X
Size: 18.54 MB
Format: PDF, Docs
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In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for "public use," the Court ruled that the transfer of condemned land to private parties for "economic development" is permitted by the Constitution--even if the government cannot prove that the expected development will ever actually happen. The Court's decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
           
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and "blight" condemnations are unconstitutional under both originalist and most "living constitution" theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city's poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court's unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
 
The paperback edition includes a preface covering recent developments in eminent domain law and policy, including new court decisions and legislation and the controversy over Republican presidential candidate Donald Trump's defense of Kelo and his history of eminent domain abuse.

A Citizen S Guide To The Constitution And The Supreme Court Constitutional Conflict In American Politics Citizen Guides To Politics And Public Affairs

Author: Morgan Marietta
Publisher: Routledge
ISBN: 0415843812
Size: 46.11 MB
Format: PDF, ePub
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The U.S. Constitution is a blueprint for a free society as well as a source of enduring conflict over how that society must be governed. The competing ways of reading our founding document shape the decisions of the Supreme Court, which acts as the final voice on constitutional questions. This breezy, concise guide explains the central conflicts that frame our constitutional controversies, written in clear non-academic language to serve as a resource for engaged citizens, both inside and outside of an academic setting.

After covering the main points of conflict in constitutional law, Marietta gives readers an overview of the perspectives from the leading schools of constititional interpretation--textualism, common law constitutionalism, originalism, and living constitutionalism. He then walks through the points of conflict and competing schools of thought in the context of several landmark cases and ends with advice to readers on how to interpret constitutional issues ourselves.


The Rise And Fall Of Freedom Freedom And American Society Book 3

Author: Linda C. Raeder
Publisher:
ISBN: B0719N5QWP
Size: 51.37 MB
Format: PDF, ePub, Mobi
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The Rise and Fall of Freedom is the third of three volumes comprising a comprehensive study of Freedom and American Society. Volume III explores the historical rise of the free society in the West and especially its relation to the religious worldview that inspired the quest for individual freedom. It further examines the threats to the free society posed not only by the modern ideological movements but related paradigms such as Progressivism, Postmodernism, and Multiculturalism. Volume I, Freedom and Political Order, examines the meaning of freedom and the relation among freedom, law, and rights. Volume II, Freedom and Economic Order, explores the relation of individual freedom to the economic arrangements of society, in particular, the competing paradigms of capitalism and socialism.

The Betrayal Of The Constitution How Dishonest Judges Have Undermined The Rule Of Law

Author: Stephen Erwin
Publisher:
ISBN: B00DAF5EXU
Size: 31.33 MB
Format: PDF
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We the people of the United States, in order to form a more perfect union, …do ordain and establish this Constitution for the United States of America.

With these words our Founding Fathers established the greatest engine for freedom and prosperity the world has ever known.

And ever since dishonest judges have been searching for excuses to replace what works with their own vision of political correctness.

This book exposes those excuses and the damage they have done to our rights in easy to read everyday language, because you can't fix what you don't understand.

Living Originalism

Author: Jack M. Balkin
Publisher: Harvard University Press
ISBN: 0674063031
Size: 78.96 MB
Format: PDF, ePub, Docs
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Originalism and living constitutionalism, often seen as opposing views, are not in conflict. So argues Jack Balkin, a leading constitutional scholar, in this long-awaited book.

Living Originalism

Author: Jack M. Balkin
Publisher: Belknap Press
ISBN: 9780674416925
Size: 43.54 MB
Format: PDF, Kindle
View: 3184
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Argues for a new interpretation of the Constitution recognizing that the text of the document is deliberately vague and that the meaning has changed over time.

A Debt Against The Living

Author: Ilan Wurman
Publisher: Cambridge University Press
ISBN: 1108330029
Size: 54.79 MB
Format: PDF, ePub
View: 658
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In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one ...

Constitutional Originalism

Author: Robert William Bennett
Publisher: Cornell University Press
ISBN: 0801461111
Size: 63.12 MB
Format: PDF, ePub
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Explains how some proponents feel that the original interpretation of the U.S. Constitution--the interpretation at its inception--is the one that judges should follow today.

The Living Constitution

Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 9780199752539
Size: 65.56 MB
Format: PDF, Mobi
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Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom ...

Constitutional Redemption

Author: J. M. Balkin
Publisher: Harvard University Press
ISBN: 0674058747
Size: 44.98 MB
Format: PDF, Mobi
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What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared ...

Fidelity To Our Imperfect Constitution

Author: James E. Fleming
Publisher: Oxford University Press, USA
ISBN: 0199793379
Size: 78.24 MB
Format: PDF
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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 ...

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson
Publisher: OUP USA
ISBN: 0199846014
Size: 43.25 MB
Format: PDF, Kindle
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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, ...

America S Constitution

Author: Akhil Reed Amar
Publisher: Random House
ISBN: 1588364879
Size: 79.36 MB
Format: PDF, Docs
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Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American ...

The Laws Of Change

Author: J. M. Balkin
Publisher: Schocken
ISBN:
Size: 56.86 MB
Format: PDF
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An in-depth introduction to the mysteries of the I Ching describes the history, philosophy, interpretation, and practical applications of the ancient text and provides a definitive new translation of the text that includes sixty-four ...