A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before

A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before

by Cass R. Sunstein
     
 

ISBN-10: 0691133379

ISBN-13: 9780691133379

Pub. Date: 01/19/2009

Publisher: Princeton University Press

"In A Constitution of Many Minds, law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time." "Sunstein focuses on three approaches to the Constitution - traditionalism, which grounds the document's meaning in longstanding social…  See more details below

Overview

"In A Constitution of Many Minds, law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time." "Sunstein focuses on three approaches to the Constitution - traditionalism, which grounds the document's meaning in longstanding social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do." This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Product Details

ISBN-13:
9780691133379
Publisher:
Princeton University Press
Publication date:
01/19/2009
Edition description:
New Edition
Pages:
240
Product dimensions:
6.20(w) x 9.30(h) x 0.90(d)

Table of Contents

Preface

Introduction Jefferson's Revenge 1

Pt. I Preliminaries 17

Ch. 1 There Is Nothing That Interpretation Just Is 19

Pt. II Traditionalism 33

Ch. 2 Burkean Minimalism 35

Ch. 3 Rationalists vs. Burkeans 60

Ch. 4 Due Process Traditionalism 93

Pt. III Populism 123

Ch. 5 Backlash's Travels 125

Ch. 6 Public Opinion and Social Consequences 140

Ch. 7 Public Opinion and Judicial Humility 165

Pt. IV Cosmopolitanism 185

Ch. 8 What Other Nations Do 187

Afterword 210

Acknowledgments 217

Index 219

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