Living Originalism

Author: Jack M. Balkin
Publisher: Harvard University Press
ISBN: 0674063031
Size: 53.21 MB
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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: 17.49 MB
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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: 1108419801
Size: 58.22 MB
Format: PDF
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This book is an introduction to and defense of originalism and the Founding intended for a more general audience.

Constitutional Originalism

Author: Robert W. Bennett
Publisher: Cornell University Press
ISBN: 0801461111
Size: 68.13 MB
Format: PDF, ePub, Mobi
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The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise.

Originalism And The Good Constitution

Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 067472626X
Size: 49.11 MB
Format: PDF
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In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment ...

Constitutional Redemption

Author: J. M. Balkin
Publisher: Harvard University Press
ISBN: 0674058747
Size: 74.44 MB
Format: PDF, ePub
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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 ...

The Living Constitution

Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 9780199752539
Size: 16.26 MB
Format: PDF, ePub, 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 ...

The Failed Promise Of Originalism

Author: Frank Cross
Publisher: Stanford University Press
ISBN: 0804784698
Size: 16.18 MB
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The primary point of this book is an examination of the degree to which originalism influences the Court's decisions.

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson
Publisher: OUP USA
ISBN: 0199846014
Size: 47.56 MB
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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, ...

The Second Amendment

Author: Michael Waldman
Publisher: Simon and Schuster
ISBN: 1476747466
Size: 22.32 MB
Format: PDF, ePub
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Too often, when liberals insist that they are the real originalists, their protestations
can feel too strained, too cute by half. One gets a whiff of the sense that they think
originalism is a clever piece of political jujitsu rather than the way a strong nation
should govern itself. A frank acknowledgment of the power of the living
Constitution has its appeal. After all, the country made itself stronger, more
egalitarian, more effective in the world precisely during the mid-twentieth-century
period when ...