original intent and the framers constitution

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Original Intent And The Framers Constitution

Author : Leonard W. Levy
ISBN : 9781461730286
Genre : History
File Size : 26. 16 MB
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For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.

Original Intent And The Framers Constitution

Author : Leonard Williams Levy
ISBN : 9781566633123
Genre : History
File Size : 68. 61 MB
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An examination of constitutional law and its landmark cases argues that the basis of constitutional jurisprudence lies in judicial activism, or continual reinterpretation of the Constitution, not in "original intent."

Original Intent And The Framers Constitution

Author : Leonard Williams Levy
ISBN : PSU:000044648954
Genre : History
File Size : 81. 91 MB
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An examination of constitutional law and its landmark cases argues that the basis of constitutional jurisprudence lies in judicial activism, or continual reinterpretation of the Constitution, not in "original intent."

Original Intent And The Framers Of The Constitution

Author :
ISBN : UOM:39015026844582
Genre : Constitutional history
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A unique contribution to the debate over the original intentions of the Framers of the U.S. Constitutions.

Negotiating The Constitution

Author : Joseph M. Lynch
ISBN : 9781501728334
Genre : History
File Size : 40. 85 MB
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No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.

Original Meanings

Author : Jack N. Rakove
ISBN : 9780307434517
Genre : Political Science
File Size : 38. 53 MB
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From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans. From the Trade Paperback edition.

The Founding Fathers Guide To The Constitution

Author : Brion McClanahan
ISBN : 9781621570721
Genre : History
File Size : 64. 8 MB
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Are liberals right when they cite the “elastic” clauses of the Constitution to justify big government? Or are conservatives right when they cite the Constitution’s explicit limits on federal power? The answer lies in a more basic question: How did the founding generation intend for us to interpret and apply the Constitution? Professor Brion McClanahan, popular author of The Politically Incorrect Guide™ to the Founding Fathers, finds the answers by going directly to the source—to the Founding Fathers themselves, who debated all the relevant issues in their state constitutional conventions. In The Founding Fathers’ Guide to the Constitution, you’ll discover: How the Constitution was designed to protect rather than undermine the rights of States Why Congress, not the executive branch, was meant to be the dominant branch of government—and why the Founders would have argued for impeaching many modern presidents for violating the Constitution Why an expansive central government was the Founders’ biggest fear, and how the Constitution—and the Bill of Rights—was designed to guard against it Why the founding generation would regard most of the current federal budget—including “stimulus packages”—as unconstitutional Why the Founding Fathers would oppose attempts to “reform” the Electoral College Why the Founding Fathers would be horrified at the enormous authority of the Supreme Court, and why the Founders intended Congress, not the Court, to interpret federal law Authoritative, fascinating, and timely, The Founding Fathers’ Guide to the Constitution is the definitive layman’s guide to America’s most important—and often willfully misunderstood—historical document

Unruly Americans And The Origins Of The Constitution

Author : Woody Holton
ISBN : 1429923660
Genre : History
File Size : 55. 85 MB
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Average Americans Were the True Framers of the Constitution Woody Holton upends what we think we know of the Constitution's origins by telling the history of the average Americans who challenged the framers of the Constitution and forced on them the revisions that produced the document we now venerate. The framers who gathered in Philadelphia in 1787 were determined to reverse America's post–Revolutionary War slide into democracy. They believed too many middling Americans exercised too much influence over state and national policies. That the framers were only partially successful in curtailing citizen rights is due to the reaction, sometimes violent, of unruly average Americans. If not to protect civil liberties and the freedom of the people, what motivated the framers? In Unruly Americans and the Origins of the Constitution, Holton provides the startling discovery that the primary purpose of the Constitution was, simply put, to make America more attractive to investment. And the linchpin to that endeavor was taking power away from the states and ultimately away from the people. In an eye-opening interpretation of the Constitution, Holton captures how the same class of Americans that produced Shays's Rebellion in Massachusetts (and rebellions in damn near every other state) produced the Constitution we now revere. Unruly Americans and the Origins of the Constitution is a 2007 National Book Award Finalist for Nonfiction.

Constitutional Originalism

Author : Robert W. Bennett
ISBN : 9780801461118
Genre : Law
File Size : 47. 69 MB
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Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

Interpreting The Constitution

Author : Jack N. Rakove
ISBN : UCAL:B4389656
Genre : Political Science
File Size : 23. 59 MB
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