Originalism And The Good Constitution

Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Size: 60.26 MB
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In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment ...

Constitutional Originalism

Author: Robert W. Bennett
Publisher: Cornell University Press
ISBN: 0801461111
Size: 29.52 MB
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The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise.

Hoffnung Wagen

Author: Barack Obama
Publisher: Goldmann Verlag
ISBN: 3641224241
Size: 62.57 MB
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Uns allen machte er Hoffnung auf eine Renaissance des »besseren Amerika«. Nicht wenige wünschen sich Barack Obama heute sehnsüchtig zurück ins Weiße Haus.

Florida Law Review

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And, of course, one might believe that originalism is both a sound interpretative
methodology and an appropriate decision making tool—albeit for very different
reasons. ... The severity of these problems depends both on what variant of
originalism is involved and whether one is worried about interpretation (
ascertainment of meaning) or adjudication (resolution of disputes). It is fair to say
... See John O. McGinnis & Michael B. Rappaport, Originalism and the Good
Constitution, 98 GEO.

Historicism Originalism And The Constitution

Author: Patrick J. Charles
Publisher: McFarland
ISBN: 1476615152
Size: 18.83 MB
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But the founders' use and appli- cation of history is not the only dimension oflate
eighteenth-century constitutional interpretation at odds with originalism. There
are other legal doctrines that many originalists reject on textual grounds. These
late eighteenth-century doctrines include a common law approach to
constitutional interpretation, the law of reason or giving considerable weight to
unwritten constitutional prin- ciples, the law of nations, and the public good
doctrine in relationship ...

The Constitution In The Courts

Author: Michael J. Perry
Publisher: Oxford University Press
ISBN: 9780195355796
Size: 24.55 MB
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To what extent is modern substantive due process doctrine consistent with the
originalist approach to constitutional interpretation? ... Bill of Rights or from any
other federal source—were meant to be protected from, and only from, legislation
that discriminates on certain prohibited bases; (2) they were meant to be
protected, not only from such legislation, but also from some nondiscriminatory
legislation, namely, legislation that fails to regulate for the public good in a
reasonable fashion.

The Challenge Of Originalism

Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 1139505130
Size: 79.72 MB
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1 The question is not whether the judiciary must interpret the constitution but how
it should do it.2 “New” originalist theory addresses the challenge posed by
vaguely worded rights by emphasizing a distinction between “interpretation” and
“construction.” Interpretation is concerned ... court turns to the task of construction,
developing secondary rules or doctrines to flesh out the content ofvaguely
worded rights in order to resolve particular disputes.3 So far, so good. But
interpretation may ...