The Originalism Trap

Author : Madiba K. Dennie
Publisher : Random House
ISBN 13 : 0593729250
Total Pages : 305 pages
Book Rating : 4.50/5 ( download)

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Download or read book The Originalism Trap written by Madiba K. Dennie and published by Random House. This book was released on 2024-06-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism—the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it “The greatest trick conservatives ever pulled was convincing the world that originalism exists. This book is vital for understanding why the world sucks right now.”—Elie Mystal, author of Allow Me to Retort There is no one true way to interpret the Constitution, but that’s not what originalists want you to think. They’d rather we be held hostage to their “objective” theory that our rights and liberties are bound by history—an idea that was once confined to the fringes of academia. Americans saw just how subjective originalism can be when the Supreme Court cherry-picked the past to deny bodily autonomy to millions of Americans in Dobbs v. Jackson Women’s Health. Though originalism is supposed to be a serious intellectual theory, a closer look reveals its many inherent faults, as it deliberately over-emphasizes a version of history that treats civil rights gains as categorically suspect. According to Madiba K. Dennie, it’s time to let it go. Dennie discards originalism in favor of a new approach that serves everyone: inclusive constitutionalism. She disentangles the Constitution’s ideals from originalist ideology and underscores the ambition of the Reconstruction Amendments, which were adopted in the wake of the Civil War and sought to build a democracy with equal membership for marginalized persons. The Originalism Trap argues that the law must serve to make that promise of democracy real. Seamlessly blending scholarship with sass and written for law people and laypeople alike, The Originalism Trap shows readers that the Constitution belongs to them and how, by understanding its possibilities, they can use it to fight for their rights. As courts—and the Constitution—increasingly become political battlegrounds, The Originalism Trap is a necessary guide to what’s at stake and a vision for a more just future.

Author : Jack M. Balkin
Publisher : Harvard University Press
ISBN 13 : 0674063031
Total Pages : 481 pages
Book Rating : 4.37/5 ( download)

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Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Author : Johnathan O'Neill
Publisher : JHU Press
ISBN 13 : 9780801881114
Total Pages : 308 pages
Book Rating : 4.10/5 ( download)

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Download or read book Originalism in American Law and Politics written by Johnathan O'Neill and published by JHU Press. This book was released on 2005-07-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

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 : Harold Evans
Publisher : Little, Brown
ISBN 13 : 031643230X
Total Pages : 442 pages
Book Rating : 4.06/5 ( download)

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Download or read book Do I Make Myself Clear? written by Harold Evans and published by Little, Brown. This book was released on 2017-05-16 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wise and entertaining guide to writing English the proper way by one of the greatest newspaper editors of our time. Harry Evans has edited everything from the urgent files of battlefield reporters to the complex thought processes of Henry Kissinger. He's even been knighted for his services to journalism. In Do I Make Myself Clear?, he brings his indispensable insight to us all in his definite guide to writing well. The right words are oxygen to our ideas, but the digital era, with all of its TTYL, LMK, and WTF, has been cutting off that oxygen flow. The compulsion to be precise has vanished from our culture, and in writing of every kind we see a trend towards more -- more speed and more information but far less clarity. Evans provides practical examples of how editing and rewriting can make for better communication, even in the digital age. Do I Make Myself Clear? is an essential text, and one that will provide every writer an editor at his shoulder.

Author : Mark Tushnet
Publisher : Yale University Press
ISBN 13 : 0300252900
Total Pages : 320 pages
Book Rating : 4.03/5 ( download)

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Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Author : Nancy Maveety
Publisher : Rowman & Littlefield
ISBN 13 : 1538111993
Total Pages : 379 pages
Book Rating : 4.94/5 ( download)

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Download or read book Glass and Gavel written by Nancy Maveety and published by Rowman & Littlefield. This book was released on 2018-12-15 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Glass and Gavel, noted legal expert Nancy Maveety has written the first book devoted to alcohol in the nation’s highest court of law, the United States Supreme Court. Combining an examination of the justices’ participation in the social use of alcohol across the Court’s history with a survey of the Court’s decisions on alcohol regulation, Maveety illustrates the ways in which the Court has helped to construct the changing culture of alcohol. “Intoxicating liquor” is one of the few things so plainly material to explicitly merit mention, not once, but twice, in the amendments to the U.S. Constitution. Maveety shows how much of our constitutional law—Supreme Court rulings on the powers of government and the rights of individuals—has been shaped by our American love/hate relationship with the bottle and the barroom. From the tavern as a judicial meeting space, to the bootlegger as both pariah and patriot, to the individual freedom issue of the sobriety checkpoint—there is the Supreme Court, adjudicating but also partaking in the temper(ance) of the times. In an entertaining and accessible style, Maveety shows that what the justices say and do with respect to alcohol provides important lessons about their times, our times, and our “constitutional cocktail” of limited governmental power and individual rights.

Author : Andi Zeisler
Publisher : Public Affairs
ISBN 13 : 1610395891
Total Pages : 306 pages
Book Rating : 4.92/5 ( download)

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Download or read book We Were Feminists Once written by Andi Zeisler and published by Public Affairs. This book was released on 2016-05-03 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Draws on stories from institutions and everyday women to discuss how feminism has been compromised by popular culture, politics, and market forces, with strategies for reversing such trends.

Author : Steve Estes
Publisher : Univ of North Carolina Press
ISBN 13 : 080787633X
Total Pages : 252 pages
Book Rating : 4.36/5 ( download)

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Download or read book I Am a Man! written by Steve Estes and published by Univ of North Carolina Press. This book was released on 2006-03-08 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil rights movement was first and foremost a struggle for racial equality, but questions of gender lay deeply embedded within this struggle. Steve Estes explores key groups, leaders, and events in the movement to understand how activists used race and manhood to articulate their visions of what American society should be. Estes demonstrates that, at crucial turning points in the movement, both segregationists and civil rights activists harnessed masculinist rhetoric, tapping into implicit assumptions about race, gender, and sexuality. Estes begins with an analysis of the role of black men in World War II and then examines the segregationists, who demonized black male sexuality and galvanized white men behind the ideal of southern honor. He then explores the militant new models of manhood espoused by civil rights activists such as Malcolm X and Martin Luther King Jr., and groups such as the Nation of Islam, the Student Nonviolent Coordinating Committee, and the Black Panther Party. Reliance on masculinist organizing strategies had both positive and negative consequences, Estes concludes. Tracing these strategies from the integration of the U.S. military in the 1940s through the Million Man March in the 1990s, he shows that masculinism rallied men to action but left unchallenged many of the patriarchal assumptions that underlay American society.

Author : Lee J. Strang
Publisher : Cambridge University Press
ISBN 13 : 1108475639
Total Pages : 329 pages
Book Rating : 4.31/5 ( download)

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Download or read book Originalism's Promise written by Lee J. Strang and published by Cambridge University Press. This book was released on 2019-08-08 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first natural law justification for an originalist interpretation of the American Constitution.