Constitutional Interpretation: The Basic Questions / Edition 1

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About the Author:
Sotirios A. Barber is Professor of Political Science at the University of Notre Dame

About the Author:
James E. Fleming is the Leonard F. Manning Distinguished Professor of Law at Fordham University School of Law

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Editorial Reviews

From the Publisher
"An absolutely superb presentation of a "Dworkinian" approach to constitutional interpretation" -Sanford Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, University of Texas School of Law

"Quite simply superb. Fleming and Barber have produced a book that is a carefully argued, thorough, and eloquent introduction to the most important foundational questions about constitutional meaning. Their book is both widely accessible and intellectually sophisticated." -Lawrence Solum, John E. Cribbet Professor of Law & Professor of Philosophy. University of Illinois College of Law

"A well-written, creative, and original book that makes complex issues of constitutional interpretation and political theory come alive to a wide audience. It is a masterpiece of scholarship and scholarly teaching which I plan to use in my classes." -Ronald Kahn, James Monroe Professor of Politics and Law, Oberlin College

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Product Details

  • ISBN-13: 9780195328585
  • Publisher: Oxford University Press
  • Publication date: 7/5/2007
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 208
  • Sales rank: 629,597
  • Product dimensions: 9.20 (w) x 6.10 (h) x 0.50 (d)

Meet the Author

University of Notre Dame

Fordham University School of Law

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Table of Contents

Preface     xiii
Part I
The Presuppositions of Constitutional Interpretation     3
The Principal Questions of Constitutional Interpretation     13
The Principal Features of the American Constitutional Order: The Positive Constitutionalism of The Federalist     35
Part II
Approaches to Constitutional Interpretation     59
Textualism and Consensualism     67
Narrow Originalism/Intentionalism     79
Broad Originalism     99
Structuralism     117
Doctrinalism and Minimalism     135
The Philosophic Approach     155
Pragmatism     171
Epilogue: A Fusion of Approaches to Constitutional Interpretation     189
Index     193
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