Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 98
... original intent dispositive of contemporary constitutional questions . Originalists have various shades of belief about the binding effect of original intent and about how to define " intent . " The extreme view is that the only ...
... original intent dispositive of contemporary constitutional questions . Originalists have various shades of belief about the binding effect of original intent and about how to define " intent . " The extreme view is that the only ...
Page 116
... original intent " because of several difficulties reflected in the earlier parts of the article , which make it " highly unlikely that original intent can provide an adequate basis for all constitutional decisions . " 2 He advocates ...
... original intent " because of several difficulties reflected in the earlier parts of the article , which make it " highly unlikely that original intent can provide an adequate basis for all constitutional decisions . " 2 He advocates ...
Page 120
... original meaning . The original meaning of a constitu- tional provision — which is , after all , a norm may very well be com- plex : It may have both relatively specific aspects and a relatively general aspect . To enforce a ...
... original meaning . The original meaning of a constitu- tional provision — which is , after all , a norm may very well be com- plex : It may have both relatively specific aspects and a relatively general aspect . To enforce a ...
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 |