Original Meaning Jurisprudence

Author : United States. Department of Justice. Office of Legal Policy
Publisher :
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.32/5 ( download)

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Download or read book Original Meaning Jurisprudence written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1987 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.28/5 ( download)

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Download or read book Original Meaning Jurisprudence written by and published by . This book was released on 1987 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States. Department of Justice. Office of Legal Policy
Publisher :
ISBN 13 :
Total Pages : 177 pages
Book Rating : 4.69/5 ( download)

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Download or read book Original Meaning Jurisprudence written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1987 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher :
ISBN 13 : 9780160036323
Total Pages : 185 pages
Book Rating : 4.21/5 ( download)

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Download or read book Report to the Attorney General written by and published by . This book was released on 1988 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Donald L. Drakeman
Publisher : Cambridge University Press
ISBN 13 : 1108485286
Total Pages : 247 pages
Book Rating : 4.89/5 ( download)

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Download or read book The Hollow Core of Constitutional Theory written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2021-04-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.

Author : Randy E. Barnett
Publisher : Harvard University Press
ISBN 13 : 0674270134
Total Pages : 489 pages
Book Rating : 4.38/5 ( download)

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Download or read book The Original Meaning of the Fourteenth Amendment written by Randy E. Barnett and published by Harvard University Press. This book was released on 2021-11-02 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Federalist Notable Book “An important contribution to our understanding of the 14th Amendment.” —Wall Street Journal “By any standard an important contribution...A must-read.” —National Review “The most detailed legal history to date of the constitutional amendment that changed American law more than any before or since...The corpus of legal scholarship is richer for it.” —Washington Examiner Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, the Supreme Court has long misunderstood or ignored the original meaning of its key Section I clauses. Barnett and Bernick contend that the Fourteenth Amendment must be understood as the culmination of decades of debate about the meaning of the antebellum Constitution. In the course of this debate, antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law, as well as what is today called public-meaning originalism. The authors show how these arguments and the principles of the Declaration in particular eventually came to modify the Constitution. They also propose workable doctrines for implementing the amendment’s key provisions covering the privileges and immunities of citizenship, due process, and equal protection under the law.

Author : Robert W. Bennett
Publisher : Cornell University Press
ISBN 13 : 0801461111
Total Pages : 223 pages
Book Rating : 4.18/5 ( download)

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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.

Author : Frank J. Colucci
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.35/5 ( download)

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Download or read book Justice Kennedy's Jurisprudence written by Frank J. Colucci and published by . This book was released on 2009 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.

Author : Ralph A. Rossum
Publisher : University Press of Kansas
ISBN 13 : 0700623507
Total Pages : 366 pages
Book Rating : 4.01/5 ( download)

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Download or read book Antonin Scalia's Jurisprudence written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2016-12-12 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the new afterword Ralph Rossum covers Antonin Scalia’s entire career and discusses the thirty-eight major opinions since the original 2006 publication, including District of Columbia v. Heller, his dissent in the Obamacare cases of NFIB v. Sebelius and King v. Burwell, his important recess appointments case of NLRB v. Noel Canning, his procedural decisions on the Fourth Amendment and the Confrontation Clause, his equal protection (racial preference) opinions, and Hein v. Freedom from Religion Foundation. Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court. This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents-carefully wrought, passionately argued, and filled with well-turned phrases-which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation. Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment. The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.

Author : Ralph A. Rossum
Publisher : University Press of Kansas
ISBN 13 : 0700619488
Total Pages : 304 pages
Book Rating : 4.81/5 ( download)

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Download or read book Understanding Clarence Thomas written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2014-02-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though Clarence Thomas has been a Supreme Court Justice for nearly 25 years and has written close to five hundred opinions, legal scholars and pundits have given him short shrift, often, in fact, dismissing him as a narrow partisan, a silent presence on the bench, an enemy of his race, a tool of Antonin Scalia. And yet, as this book makes clear, few justices of the Supreme Court have developed as clear and consistent a constitutional jurisprudence as Thomas. Also little known but apparent in Ralph A. Rossum's detailed assessment of the justice's jurisprudence is how profound Thomas's impact has been in certain areas of constitutional law—not only on the bench but also even among some of his erstwhile disparaging critics. During his years on the Court, Thomas has pursued an original general meaning approach to constitutional interpretation; he has been unswayed by claims of precedent—by the gradual build-up of interpretations that, to his mind, come to distort the original meaning of the constitutional provision in question, leading to muddled decisions and contradictory conclusions. In a close reading of Thomas's hundreds of well-crafted, extensively researched, and passionately argued majority, concurring, and dissenting opinions, Rossum explores how the justice applies this original meaning approach to questions of constitutional structure as they relate to federalism; substantive rights found in the First Amendment's religion and free speech and press clauses, the Second Amendment's right to keep and bear arms, the Fifth Amendment's restrictions on the taking of private property, and the Fourteenth Amendment regarding abortion rights; and various criminal procedural provisions found in the Ex Post Facto Clauses and the Bill of Rights. Thomas grounds his original general meaning approach in the Declaration of Independence and its "self evident" truth that "all men are created equal"; that truth, he insists, "preced[es] and underl[ies] the Constitution." Understanding Clarence Thomas traces the many consequences that, for Thomas, flow from the centrality of that "self evident" truth, and how these shape his opinions in cases concerning desegregation, racial preference, and voting rights. The most thorough explication ever given of the jurisprudence of this prolific but little-understood justice, this work offers a unique opportunity to grasp not just the meaning of Clarence Thomas's opinions but their significance for the Supreme Court and constitutional interpretation in our day.