Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 46
... seems linguistically easy may be hard if the result announced by the language is inconsistent with the " purpose " of the rule . In such cases the tension between the plain meaning of the words and the reason for using those words ...
... seems linguistically easy may be hard if the result announced by the language is inconsistent with the " purpose " of the rule . In such cases the tension between the plain meaning of the words and the reason for using those words ...
Page 60
... seems to be generally agreed that no conscious intention to limit the protection of the clause to citizens appears in the historical records . Most commentators conclude , however , that the language is clear to this effect and we are ...
... seems to be generally agreed that no conscious intention to limit the protection of the clause to citizens appears in the historical records . Most commentators conclude , however , that the language is clear to this effect and we are ...
Page 315
... seems persuasive , the possibility of multiple viewpoints challenges the assumption of objec- tivity and shows how ... seems . What makes it seem so difficult are unstated assumptions about the nature of difference . Once articulated and ...
... seems persuasive , the possibility of multiple viewpoints challenges the assumption of objec- tivity and shows how ... seems . What makes it seem so difficult are unstated assumptions about the nature of difference . Once articulated and ...
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 |