Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 50
... specific items that the framers would have listed had they chosen to enact a specific list . In fact , the framers of the 14th Amendment did not choose to limit [ the ] Amendment to any itemized menu of liberties . Consider this analogy ...
... specific items that the framers would have listed had they chosen to enact a specific list . In fact , the framers of the 14th Amendment did not choose to limit [ the ] Amendment to any itemized menu of liberties . Consider this analogy ...
Page 68
... specific and concrete . There are some legal theorists who would limit legal interpretation to highly specific constitutional clauses . This school , misleadingly called " interpretivism , " but more properly called " textual ...
... specific and concrete . There are some legal theorists who would limit legal interpretation to highly specific constitutional clauses . This school , misleadingly called " interpretivism , " but more properly called " textual ...
Page 120
... specific aspects and a relatively general aspect . To enforce a constitutional norm according to its original meaning is , therefore , to enforce the norm according to both the specific and the general aspects of that meaning . Consider ...
... specific aspects and a relatively general aspect . To enforce a constitutional norm according to its original meaning is , therefore , to enforce the norm according to both the specific and the general aspects of that meaning . Consider ...
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 |