Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
From inside the book
Results 1-3 of 35
Page 58
... reference to purpose seems unnecessary . Other provisions , such as the one requiring that the President be a " natural born Citizen , " may need a reference to historical usage so as to exclude certain alternative constructions - con ...
... reference to purpose seems unnecessary . Other provisions , such as the one requiring that the President be a " natural born Citizen , " may need a reference to historical usage so as to exclude certain alternative constructions - con ...
Page 82
... reference independently of interpretation , but a rule can always be received as explicit by someone who hears it within an interpretive pre - understanding of what the field of reference could possibly be . The moral of the story ...
... reference independently of interpretation , but a rule can always be received as explicit by someone who hears it within an interpretive pre - understanding of what the field of reference could possibly be . The moral of the story ...
Page 316
... reference when assess- ing others . From the point of reference of this norm , we determine who is different and who is normal . Women are different in relation to the un- stated male norm . Blacks , Mormons , Jews , and Arabs are ...
... reference when assess- ing others . From the point of reference of this norm , we determine who is different and who is normal . Women are different in relation to the un- stated male norm . Blacks , Mormons , Jews , and Arabs are ...
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
Other editions - View all
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 |