The Language of Law and the Foundations of American Constitutionalism

Cambridge University Press
Free sample

For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.
Read more
Collapse

About the author

Gary L. McDowell is a Professor in the Jepson School of Leadership Studies at the University of Richmond, where he holds the Tyler Haynes Interdisciplinary Chair of Leadership Studies, Political Science, and Law. He is the author or editor of ten books, including Equity and the Constitution: The Supreme Court, Equitable Relief and Public Policy; Curbing the Courts: The Constitution and the Limits of Judicial Power; Justice vs. Law: Courts and Politics in American Society (with Eugene W. Hickok, Jr.); and Friends of the Constitution: Writings of the therFederalists (edited with Colleen Sheehan). In addition to his teaching appointments, he has served as the Director of the Office of the Bicentennial of the Constitution at the National Endowment for the Humanities, Associate Director of Public Affairs at the United States Department of Justice and chief speechwriter to United States Attorney General Edwin Meese III, and Director of the Institute of United States Studies in the University of London.

Read more
Collapse
Loading...

Additional Information

Publisher
Cambridge University Press
Read more
Collapse
Published on
Jun 28, 2010
Read more
Collapse
Pages
429
Read more
Collapse
ISBN
9781139488112
Read more
Collapse
Read more
Collapse
Read more
Collapse
Language
English
Read more
Collapse
Genres
Law / General
Political Science / American Government / General
Political Science / General
Read more
Collapse
Content Protection
This content is DRM protected.
Read more
Collapse
Read Aloud
Available on Android devices
Read more
Collapse

Reading information

Smartphones and Tablets

Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.

Laptops and Computers

You can read books purchased on Google Play using your computer's web browser.

eReaders and other devices

To read on e-ink devices like the Sony eReader or Barnes & Noble Nook, you'll need to download a file and transfer it to your device. Please follow the detailed Help center instructions to transfer the files to supported eReaders.
"An indispensable and provocative guide through the thicket of today's most challenging constitutional controversies by some of the most eminent judges of their time. It offers an invaluable peek behind the curtain of judicial decision making."

—David Cole, Professor of Law, Georgetown University




The Embattled
Constitution presents the
fourth collection of the James Madison lectures delivered at the NYU School of
Law, offering thoughtful examinations of an array of topics on civil liberties
by a distinguished group of federal judges, including Justice Stephen Breyer of
the U.S. Supreme Court. The result is a fascinating look into the minds of the
judges who interpret, apply, and give meaning to our “embattled Constitution.”



In these insightful
and incisive essays, the authors bring to bear decades of experience to explore
wide-ranging issues. Are today’s public schools racially segregated? To what
extent can the federal courts apply the Bill of Rights without legislative
guidance? And what are the criteria for the highest standards of judging and constitutional
interpretation? The authors also discuss how and why the Constitution came to
be embattled, shining a spotlight on the current polarization in both the
Supreme Court and the American body politic and offering careful and informed
analysis of how to bridge these divides.



Contributors include
Marsha S. Berzon, Michael Boudin, Stephen Breyer, Guido Calabresi, Robert H.
Henry, Robert Katzmann, Pierre N. Leval, M. Blane Michael, Davis S. Tatel, J.
Harvie Wilkinson, III, and Diane P. Wood.

The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process?

That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions.


Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible.


The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws

From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.

This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.
Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

From six-time #1 New York Times bestselling author, FOX News star, and radio host Mark R. Levin comes a groundbreaking and enlightening book that shows how the great tradition of the American free press has degenerated into a standardless profession that has squandered the faith and trust of the American public, not through actions of government officials, but through its own abandonment of reportorial integrity and objective journalism.

Unfreedom of the Press is not just another book about the press. Levin shows how those entrusted with news reporting today are destroying freedom of the press from within: “not government oppression or suppression,” he writes, but self-censorship, group-think, bias by omission, and passing off opinion, propaganda, pseudo-events, and outright lies as news.

With the depth of historical background for which his books are renowned, Levin takes the reader on a journey through the early American patriot press, which proudly promoted the principles set forth in the Declaration of Independence and the Constitution, followed by the early decades of the Republic during which newspapers around the young country were open and transparent about their fierce allegiance to one political party or the other.

It was only at the start of the Progressive Era and the twentieth century that the supposed “objectivity of the press” first surfaced, leaving us where we are today: with a partisan party-press overwhelmingly aligned with a political ideology but hypocritically engaged in a massive untruth as to its real nature.
©2019 GoogleSite Terms of ServicePrivacyDevelopersArtistsAbout Google|Location: United StatesLanguage: English (United States)
By purchasing this item, you are transacting with Google Payments and agreeing to the Google Payments Terms of Service and Privacy Notice.