The Language of Law and the Foundations of American Constitutionalism

Nonfiction, Reference & Language, Law, Social & Cultural Studies, Political Science, Government
Cover of the book The Language of Law and the Foundations of American Constitutionalism by Gary L. McDowell, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Gary L. McDowell ISBN: 9780511852404
Publisher: Cambridge University Press Publication: June 28, 2010
Imprint: Cambridge University Press Language: English
Author: Gary L. McDowell
ISBN: 9780511852404
Publisher: Cambridge University Press
Publication: June 28, 2010
Imprint: Cambridge University Press
Language: English

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 The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution.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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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 The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution.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.

More books from Cambridge University Press

Cover of the book King Edward III by Gary L. McDowell
Cover of the book Decolonising International Law by Gary L. McDowell
Cover of the book The Philosophical Writings of Descartes: Volume 1 by Gary L. McDowell
Cover of the book The Prisoner's Dilemma by Gary L. McDowell
Cover of the book Campus Sexual Assault by Gary L. McDowell
Cover of the book Children, Adults, and Shared Responsibilities by Gary L. McDowell
Cover of the book Contemporary Studies on Relationships, Health, and Wellness by Gary L. McDowell
Cover of the book Studying Gender in Classical Antiquity by Gary L. McDowell
Cover of the book Corruption and Government by Gary L. McDowell
Cover of the book Climate without Nature by Gary L. McDowell
Cover of the book Intellectual Capital by Gary L. McDowell
Cover of the book Linking Global Trade and Human Rights by Gary L. McDowell
Cover of the book Principles of the Theory of Solids by Gary L. McDowell
Cover of the book Making Peace in Drug Wars by Gary L. McDowell
Cover of the book Solving Polynomial Equation Systems IV: Volume 4, Buchberger Theory and Beyond by Gary L. McDowell
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy