Screen LibraryThe hollow core of constitutional theory : why we need the framers /
"Over the past 50 years, American constitutional theory has increasingly shifted its focus away from the lawmaker's intentions, not only by arguments for an aspirational, living, or consequentialist Constitution, but even, and perhaps surprisingly, through many contemporary originalists�...
Saved in:
| Main Authors: | |
|---|---|
| Published: |
Cambridge University Press,
|
| Publisher Address: | Cambridge, United Kingdom : |
| Publication Dates: | 2020. |
| Literature type: | Book |
| Language: | English |
| Subjects: | |
| Summary: |
"Over the past 50 years, American constitutional theory has increasingly shifted its focus away from the lawmaker's intentions, not only by arguments for an aspirational, living, or consequentialist Constitution, but even, and perhaps surprisingly, through many contemporary originalists' focus on the search for semantic meaning rather than the framers' particular policy choices. This book argues that constitutional theory needs to return to its historical core, which is an understanding of the decision made by the lawmaker in adopting the text. As a practical matter, determining that original choice will require an inquiry into the Framers' understandings despite the fact that most contemporary constitutional theorists (who often disagree with each other about virtually everything else) have been united in the belief that the framers' understandings are unknowable and, in any event, irrelevant. Returning the framers to the center of the interpretive process turns out to be an essential basis not only for decisions about the Constitution's original meaning, but also for determining how that meaning can be applied to twenty-first century circumstances"-- |
| Carrier Form: | viii, 238 pages 24 cm |
| Bibliography: | Includes bibliographical references (pages 206-228) and index. |
| ISBN: |
9781108485289 1108485286 |
| Index Number: | KF4550 |
| CLC: | D971.21 |
| Call Number: | D971.21/D763 |