Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 172
... normative premises , but each has its own integrity . The force of the originalist argument is that the people had a right to construct a Constitution , and that what they enacted should therefore be given effect , including the ...
... normative premises , but each has its own integrity . The force of the originalist argument is that the people had a right to construct a Constitution , and that what they enacted should therefore be given effect , including the ...
Page 174
... normative desirability of outcomes . De- fined in this way , value arguments assert claims about what is good or bad , desirable or undesirable , as measured against some standard that is independent of what the constitutional text ...
... normative desirability of outcomes . De- fined in this way , value arguments assert claims about what is good or bad , desirable or undesirable , as measured against some standard that is independent of what the constitutional text ...
Page 362
... normative support . For example , majoritarianism is a powerful American value , as both originalists and process theorists insist . Yet a judicial decision may be stronger if it does not rely exclusively on majoritar- ianism , because ...
... normative support . For example , majoritarianism is a powerful American value , as both originalists and process theorists insist . Yet a judicial decision may be stronger if it does not rely exclusively on majoritar- ianism , because ...
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 |