Constitutional Interpretation

Author: Keith E. Whittington
Publisher:
ISBN: UOM:39076002012875
Release Date: 1999
Genre: Law

Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but not engaging their opponents. This book breaks out of those neat compartments and reinvigorates the debate over how the judiciary should interpret the Constitution. Keith Whittington reconsiders the implications of fundamental legal commitment to faithfully interpret our written Constitution. Making use of arguments drawn from American history, political philosophy, and literary theory, he examines what it means to interpret a written constitution and how the courts should go about that task. He concludes that when interpreting the Constitution, the judiciary should adhere to the discoverable intentions of the Founders. Other "originalists" have also asserted that their approach is required by the Constitution but have neither defended that claim nor effectively responded to critics of their assumptions or their method. This book sympathetically examines the most sophisticated critiques of originalism based on postmodern, hermeneutic, and literary theory, as well as the most common legal arguments against originalists. Whittington explores these criticisms, their potential threat to originalism, and how originalist theory might be reconstructed to address their concerns. In a nondogmatic and readily understandable way, he explains how originalist methods can be reconciled with an appropriate understanding of legal interpretation and why originalism has much to teach constitutional theorists of all stripes, lie also shows how originalism helps realize the democratic promise of the Constitution without relying onassumptions of judicial restraint. This book carefully examines both the possibilities and the limitations of constitutional interpretation and judicial review. It shows us not only what the judiciary ought to do, but what the limits of appropriate judicial review are and how judicial review fits into a larger system of constitutional government. With its detailed and wide-ranging explorations in history, philosophy, and law, this book should be essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government.

From Opportunity to Entitlement

Author: Gareth Davies
Publisher:
ISBN: 0700609946
Release Date: 1996
Genre: Philosophy

Between 1964 and 1972, American liberals radically transformed their welfare philosophy from one founded on opportunity and hard work to one advocating automatic entitlements. Gareth Davies' book shows us just how far-reaching that transformation was and how much it has to teach anyone engaged in the latest round of debates over welfare reform in America. When Lyndon Johnson declared a "War on Poverty," he took great care to align his ambitious program with national attitudes toward work, worthiness, and dependency. Eight years later, however, American liberals were dominated by those who believed that all citizens enjoyed an unqualified right to income support with no strings or obligations attached. That shift, Davies argues, was part of a broader transformation in political values that had devastating consequences for the Democratic Party in particular and for the cause of liberalism generally. Davies also explains in rich detail how the dominant strain of American liberalism came to abandon individualism, one of the nation's dogmas, thus shattering the New Deal liberal hegemony with consequences still affecting American politics in the mid-1990s. Placing today's welfare debates within this historical context, Davies shows that the current emphasis on work and personal responsibility is neither a liberal innovation nor distinctively conservative.

Verfassung und Verfassungsgerichtsbarkeit im Vergleich

Author: Werner Heun
Publisher: Mohr Siebeck
ISBN: 316153557X
Release Date: 2014-10-01
Genre: Law

Werner Heun bundelt 16 Aufsatze zu Verfassung und Verfassungsgerichtsbarkeit, die sich zu einer problemorientierten systematischen Darstellung der Verfassungsgerichtsbarkeit und ihrer vor allem auch historischen Grundlagen zusammenfugen und haufig einen besonderen Akzent auf die Rechtsvergleichung legen. Das Buch gliedert sich in drei grossere Blocke mit jeweils funf Beitragen. Der erste Block behandelt historische Grundlagen, der zweite Institutionen und Verfahren, der dritte die Verfassungsrechtsprechung und ihre Wirkungen. Die Beitrage sind fruher teilweise an entlegener Stelle erschienen, zwei Beitrage sind uberarbeitete Ubersetzungen aus dem Englischen, zwei sind Originalbeitrage. Die historische und rechtsvergleichende Perspektive ergibt oft auch einen kritischen Blick auf das deutsche Bundesverfassungsgericht, ohne seine aussergewohnliche Stellung im deutschen Verfassungssystem in Frage zu stellen.

Originalism in American Law and Politics

Author: Johnathan O'Neill
Publisher: JHU Press
ISBN: 0801881110
Release Date: 2005-07-12
Genre: History

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.

Church State and Original Intent

Author: Donald L. Drakeman
Publisher: Cambridge University Press
ISBN: 9780521119184
Release Date: 2010
Genre: Law

This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.

Judicial Review and Constitutional Politics

Author: Keith E. Whittington
Publisher:
ISBN: 0872292185
Release Date: 2015-12-01
Genre: Constitutional law

Origins of judicial review in the United States -- Early judicial review -- Slavery and war -- The administrative state and a national economy -- A rights revolution -- Judicial oscillation

White House Studies Compendium

Author: Glenn P. Hastedt
Publisher: Nova Publishers
ISBN: 1600216803
Release Date: 2007-01-01
Genre: Political Science

The American Presidency has become one of the most powerful offices in the world with the ascendency of American power in the 20th century.'White House Studies Compendium' brings together piercing analyses of the American presidency -- dealing with both currect issues and historical events.The compendia are the bound issues of 'White House Studies' with the addition of a comprehensive subject index.

The Cosmopolitan Constitution

Author: Alexander Somek
Publisher: OUP Oxford
ISBN: 9780191030925
Release Date: 2014-07-31
Genre: Law

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Unchecked And Unbalanced

Author: Schwarz O.
Publisher: The New Press
ISBN: 9781595587459
Release Date: 2011-05-10
Genre: Political Science

Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

How to Read the Constitution

Author: Christopher Wolfe
Publisher: Rowman & Littlefield
ISBN: 0847682358
Release Date: 1996-01-01
Genre: Law

This text challenges popular opinions held by many legal scholars by presenting a defence of originalist interpretations of the US Constitution. The author's controversial conclusions expand the debate over the understanding of original intention.

Same Sex Marriage and the Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 0521009529
Release Date: 2004
Genre: Law

Same Sex Marriage and the Constitution argues that same-sex marriage is an important constitutional issue facing society.

Frederick Douglass and the Fourth of July

Author: James A. Colaiaco
Publisher: St. Martin's Press
ISBN: 9781466892781
Release Date: 2015-03-24
Genre: History

On July 5th, 1852, Frederick Douglass, one of the greatest orators of all time, delivered what was arguably the century's most powerful abolition speech. At a time of year where American freedom is celebrated across the nation, Douglass eloquently summoned the country to resolve the contradiction between slavery and the founding principles of our country. In this book, James A. Colaiaco vividly recreates the turbulent historical context of Douglass' speech and delivers a colorful portrait of the country in the turbulent years leading to the civil war. This book provides a fascinating new perspective on a critical time in American history.

The Challenge of Originalism

Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 9781139505130
Release Date: 2011-09-12
Genre: Law

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

Thomas Jefferson and Executive Power

Author: Jeremy D. Bailey
Publisher: Cambridge University Press
ISBN: 9781139466295
Release Date: 2007-07-09
Genre: Political Science

By revisiting Thomas Jefferson's understanding of executive power this book offers a new understanding of the origins of presidential power. Before Jefferson was elected president, he arrived at a way to resolve the tension between constitutionalism and executive power. Because his solution would preserve a strict interpretation of the Constitution as well as transform the precedents left by his Federalist predecessors, it provided an alternative to Alexander Hamilton's understanding of executive power. In fact, a more thorough account of Jefferson's political career suggests that Jefferson envisioned an executive that was powerful, or 'energetic', because it would be more explicitly attached to the majority will. Jefferson's Revolution of 1800, often portrayed as a reversal of the strong presidency, was itself premised on energy in the executive and was part of Jefferson's project to enable the Constitution to survive and even flourish in a world governed by necessity.