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Author: Publisher: ISBN: Category : Constitutional history Languages : en Pages : 240
Book Description
This book contains excerpts from some of the finest existing writing on methods of constitutional interpretation, taken from decisions of the Supreme Court and other opinions and speeches by Justices and judges, the scholarly literature, and other sources. The materials gathered in this volume explore a variety of interpretive resources that can help illuminate the Constitution's meaning, including its text, structure, and history, the shared values it embodies, judicial precedent, and the consequences a particular interpretation is likely to have. This publication presents accepted tools of interpretation that are faithful to the Constitution.
Author: Publisher: ISBN: Category : Constitutional history Languages : en Pages : 240
Book Description
This book contains excerpts from some of the finest existing writing on methods of constitutional interpretation, taken from decisions of the Supreme Court and other opinions and speeches by Justices and judges, the scholarly literature, and other sources. The materials gathered in this volume explore a variety of interpretive resources that can help illuminate the Constitution's meaning, including its text, structure, and history, the shared values it embodies, judicial precedent, and the consequences a particular interpretation is likely to have. This publication presents accepted tools of interpretation that are faithful to the Constitution.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Grant Huscroft Publisher: Cambridge University Press ISBN: 9780521887410 Category : Law Languages : en Pages : 332
Book Description
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Author: Joseph Goldstein Sterling Professor of Law Yale University Law School Publisher: Oxford University Press, USA ISBN: 0198023731 Category : Law Languages : en Pages : 225
Book Description
In Webster v. Reproductive Health Services, a critical abortion rights case, a bitterly divided Supreme Court produced no less than six different opinions. Writing for the plurality, Chief Justice Rehnquist attacked the trimester framework established in Roe v. Wade because it was "not found in the text of the Constitution or in any place else one would expect to find a constitutional principle." This approach, writes legal authority Joseph Goldstein, confuses constitutional principles (in this case, the right to privacy) with the means to protect them (here, the trimester system). As a result, the Court left the public bewildered about the constitutional scope of a woman's right to reproductive choice--failing in its duty to speak clearly to the American public about the Constitution. In The Intelligible Constitution, Goldstein makes a compelling argument that, in a democracy based upon informed consent, the Supreme Court has an obligation to communicate clearly and candidly to We the People when it interprets the Constitution. After a fascinating discussion of the language of the Constitution and Supreme Court opinions (including the analysis of Webster), he presents a series of opinion studies in important cases, focusing not on ideology but on the Justices' clarity of thought and expression. Using the two Brown v. Board of Education cases, Cooper v. Aaron, Regents of the University of California v. Bakke, and others as his examples, Goldstein demonstrates the pitfalls to which the Court has succumbed in the past: Writing deliberately ambiguous decisions to win the votes of colleagues, challenging each others' opinions in private but not in public, and not speaking honestly when the writer knows a concurring Justice misunderstands the opinion which he or she is supporting. Even some landmark decisions, he writes, have featured seriously flawed opinions--preventing We the People from understanding why the Justices reasoned as they did, and why they disagreed with each other. He goes on to suggest five "canons of comprehensibility" for Supreme Court opinions, to ensure that the Justices explain themselves clearly, honestly, and unambiguously, so that all the various opinions in each case would constitute a comprehensible message about their accord and discord in interpreting the Constitution. Both a fascinating look at how the Court shapes its opinions and a clarion call to action, this book provides an important addition to our understanding of how to maintain the Constitution as a living document, by and for the People, in its third century.
Author: Leslie Friedman Goldstein Publisher: Rowman & Littlefield ISBN: 9780847676996 Category : Law Languages : en Pages : 248
Book Description
'...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM
Author: Publisher: ISBN: 9781531025557 Category : Constitutional history Languages : en Pages : 0
Book Description
"Five principles underlie this book's methodology. First and foremost is that the text of the Kentucky Constitution is the primary aid for its proper interpretation. Unlike most constitutional law textbooks that law schools have utilized over the years, in which the focus is primarily upon U.S. Supreme Court decisions to explain constitutional principles and design, this book instead uses the text of the Kentucky Constitution itself as its point of departure. If, as The Great Chief Justice, John Marshall, once famously said in another context, "we must never forget, that it is a constitution we are expounding," it is imperative that a student of the Constitution must first be familiar with the text to be explained. Because of the primacy of the text, the Kentucky Constitution is presented at the front of this book"--
Author: Albert J Beveridge Publisher: ISBN: 9781839675782 Category : Languages : en Pages : 350
Book Description
John Marshall is a man who has become unfamiliar to many. Born on September 24th 1755, Marshall served and fought for the Continental Army in many battles in its long fight for independence from the British Crown. During the Wars latter stages he was admitted to the state bar and won election to the Virginia House of Delegates. From there he played a major part in that state's ratification of the United States Constitution. A request from President John Adams saw him travel to France in 1797 to help end attacks on American shipping in what was known as the XYZ Affair. Returning to the United States he won election to the United States House of Representatives and emerged as a leader of the Federalist Party in Congress. In 1800 he was appointed Secretary of State and became an important figure in the Adams administration. In 1801, Adams appointed Marshall to the Supreme Court and he quickly emerged as the key figure on the court and became its Chief Justice. Under his leadership the Court moved decisively to issuing a single majority opinion that clearly set out its ruling. Marshall upheld the principle of judicial review, whereby courts could strike down federal and state laws if they conflicted with the Constitution. With this the principle of separation of powers was more easily enabled and the position of the American judiciary as an independent and co-equal branch of government was made de-facto. John Marshall remains the longest-serving chief justice and fourth-longest serving justice in Supreme Court history. He died on July 6th, 1835.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 9781108729208 Category : Law Languages : en Pages : 342
Book Description
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
Author: Christopher Wolfe Publisher: Rowman & Littlefield Publishers ISBN: 1461645468 Category : Philosophy Languages : en Pages : 463
Book Description
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.
Author: Mark Tushnet Publisher: Yale University Press ISBN: 0300165358 Category : Law Languages : en Pages : 144
Book Description
A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.
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Author: 
Author: Goodwin Liu
Author: Grant Huscroft
Author: Joseph Goldstein Sterling Professor of Law Yale University Law School
Author: Leslie Friedman Goldstein
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Author: Albert J Beveridge
Author: Tom Ginsburg
Author: Christopher Wolfe
Author: Mark Tushnet