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Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Book Synopsis Contemporary Perspectives On Constitutional Interpretation by : Susan J Brison
Download or read book Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison and published by Routledge. This book was released on 2018-03-08 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Brings together ten of the nation’s finest and most provocative legal scholars to present their views on constitutional interpretation. All of these papers are very recent, and four were written especially for this volume.
Book Synopsis Contemporary Perspectives on Constitutional Interpretation by : Susan J. Brison
Download or read book Contemporary Perspectives on Constitutional Interpretation written by Susan J. Brison and published by . This book was released on 1993 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together ten of the nation’s finest and most provocative legal scholars to present their views on constitutional interpretation. All of these papers are very recent, and four were written especially for this volume.
Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.
Book Synopsis Constitutional Originalism by : Robert W. Bennett
Download or read book Constitutional Originalism written by Robert W. Bennett and published by Cornell University Press. This book was released on 2011-06-06 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
Book Synopsis Words That Bind by : John Arthur
Download or read book Words That Bind written by John Arthur and published by Routledge. This book was released on 2018-02-12 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content
Book Synopsis Civil Rights and Liberties by : Corey L. Brettschneider
Download or read book Civil Rights and Liberties written by Corey L. Brettschneider and published by Aspen Publishing. This book was released on 2015-01-28 with total page 1295 pages. Available in PDF, EPUB and Kindle. Book excerpt: An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content
This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.
Book Synopsis Interpreting the Constitution by : Kent Greenawalt
Download or read book Interpreting the Constitution written by Kent Greenawalt and published by Oxford University Press. This book was released on 2015-11-04 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.
A collection of essays designed to provide educators and other interested individuals with contemporary perspectives on the U.S. Constitution and separation of powers is presented. Separation of powers refers to one of the enduring principles of the U.S. constitutional system of government, in which governmental powers are subject to a division of labor in terms of function. The following essays are included: Origins of Separation of Powers and Mixed Government (Murray Dry); The Separation of Powers in Colonial and Early National Experience (Donald S. Lutz); Origins of Separation of Powers and the Judiciary (James R. Stoner, Jr.); Separation of Powers, Judicial Law Making and the Preservation of Freedom (Robert Peck); Separation of Powers and the Power of the Purse (Kate Stith); Separation of Powers and Current Relations between Congress and the President (Robert A. Strong); Checks and Balances: Adjusting the Constitution to Meet Modern Circumstances (Donald Robinson); The Framers' View of Executive Power (Daniel Troy); The Dynamics of Constitutional Decision Making: The Real Picture (Louis Fisher); Sentencing Commission Tests Separation of Powers--and Passes (John R. Steer); Tough Times for Separation of Powers (Patrick McGuigan); and The FCC and the Need for Independent Agencies (Stephen Sharp). (DB)
Book Synopsis Contemporary Perspectives on the Constitution and Separation of Powers by :
Download or read book Contemporary Perspectives on the Constitution and Separation of Powers written by and published by . This book was released on 1990 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays designed to provide educators and other interested individuals with contemporary perspectives on the U.S. Constitution and separation of powers is presented. Separation of powers refers to one of the enduring principles of the U.S. constitutional system of government, in which governmental powers are subject to a division of labor in terms of function. The following essays are included: Origins of Separation of Powers and Mixed Government (Murray Dry); The Separation of Powers in Colonial and Early National Experience (Donald S. Lutz); Origins of Separation of Powers and the Judiciary (James R. Stoner, Jr.); Separation of Powers, Judicial Law Making and the Preservation of Freedom (Robert Peck); Separation of Powers and the Power of the Purse (Kate Stith); Separation of Powers and Current Relations between Congress and the President (Robert A. Strong); Checks and Balances: Adjusting the Constitution to Meet Modern Circumstances (Donald Robinson); The Framers' View of Executive Power (Daniel Troy); The Dynamics of Constitutional Decision Making: The Real Picture (Louis Fisher); Sentencing Commission Tests Separation of Powers--and Passes (John R. Steer); Tough Times for Separation of Powers (Patrick McGuigan); and The FCC and the Need for Independent Agencies (Stephen Sharp). (DB)
Constitutional interpretation -- The dilemmas of contemporary constitutional theory -- The authority of originalism and the nature of the written Constitution -- A defense of originalism and the written Constitution -- Popular sovereignty and originalism -- The nature and limits of originalist jurisprudence.
Book Synopsis Constitutional Interpretation by : Keith E. Whittington
Download or read book Constitutional Interpretation written by Keith E. Whittington and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional interpretation -- The dilemmas of contemporary constitutional theory -- The authority of originalism and the nature of the written Constitution -- A defense of originalism and the written Constitution -- Popular sovereignty and originalism -- The nature and limits of originalist jurisprudence.
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Book Synopsis Interpreting Constitutions by : Jeffrey Denys Goldsworthy
Download or read book Interpreting Constitutions written by Jeffrey Denys Goldsworthy and published by Oxford University Press. This book was released on 2006-02-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Book Synopsis The Rise of Modern Judicial Review by : Christopher Wolfe
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield Publishers. This book was released on 1994-03-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
