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Ourselves and Our Posterity
Essays in Constitutional Originalism
Editors:
Publisher:
2009
Summary
Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.
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Bibliographic data
Copyright year
2009
ISBN-Print
978-0-7391-2789-6
ISBN-Online
978-0-7391-3633-1
Publisher
Lexington, Lanham
Language
English
Pages
306
Product type
Edited Book
Table of contents
ChapterPages
Contents No access
Acknowledgments No access
Introduction No access
Chapter 1. Original Meaning and Responsible Citizenship No access
Chapter 2. "Common-Sense Constitutionalism": Why Constitutional Structure Matters for Justice Scalia No access
Chapter 3. Judicial Usurpation: Perennial Temptation, Contemporary Challenge No access
Chapter 4. Authority Doctrines and the Proper Judicial Role: Judicial Supremacy, Stare Decisis, and the Concept of Judicial Constitutional Violations No access
Chapter 5. Freedom Questions, Political Questions: Republicanism and the Myth of a “Bill of Rights” No access
Chapter 6. Confirmations to the Court in Times Turned Mean: A Strategy for the Hearings No access
Chapter 7. The Supreme Court and Changing Social Mores No access
Chapter 8. The Devil’s Pitchfork: Scientism, Human Nature, and Modern Constitutional Thought No access
Chapter 9. A Constitution to Die For? Congressional Authority to Raise an Army No access
Chapter 10. Neoconservatives and the Courts: The Public Interest, 1965–1980 No access
Index No access Pages 297 - 302
About the Contributors No access Pages 303 - 306
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