Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 70
... claim that the judge has misunderstood the history of the fourteenth amendment or that he is using a level of generality that is inappropriate for constitutional inter- pretation . They may claim , for example , that the focus should ...
... claim that the judge has misunderstood the history of the fourteenth amendment or that he is using a level of generality that is inappropriate for constitutional inter- pretation . They may claim , for example , that the focus should ...
Page 231
... claim to the Founders ' legacy is dubi- ous , its allegiance to the Constitution largely rhetorical , and its ... claims advanced by prominent New Right scholars and politicians - claims that together constitute the most dis- tinctive ...
... claim to the Founders ' legacy is dubi- ous , its allegiance to the Constitution largely rhetorical , and its ... claims advanced by prominent New Right scholars and politicians - claims that together constitute the most dis- tinctive ...
Page 266
... claim of popular majorities to exer- cise republican self - government " must yield ( if at all ) to a pragmatic " but equally republican interest in vindicating individual claims to negative freedom smacks of fiat . A second ambiguity ...
... claim of popular majorities to exer- cise republican self - government " must yield ( if at all ) to a pragmatic " but equally republican interest in vindicating individual claims to negative freedom smacks of fiat . A second ambiguity ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |