Keeping Faith with the Constitution [NOOK Book]

Overview

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be ...

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Keeping Faith with the Constitution

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Overview

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it.

In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"—not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances.

The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

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Editorial Reviews

From the Publisher
"Keeping Faith with the Constitution is a splendid addition to the growing body of serious writing on the elusive art of constitutional interpretation. While meticulously referenced for judges and academics to use, it is easily understood and thought-provoking for laypeople concerned about the meaning of our Constitution and the accountability of our judicial system. It sets out a sensible and appealing way of judging our judges."—Judge Patricia Wald, former Chief Judge, U.S. Court of Appeals for the D.C. Circuit

"We have a Constitution that is more than 220 years old but still meaningful in our lives today. This extraordinary reality is explained with rare insight in Keeping Faith with the Constitution. It depends, the authors rightly say, on judges being faithful to the principles of the Constitution while applying it to meet ever different problems. The book is at the same time understandable, sophisticated, and rich in examples."—Anthony Lewis, Former New York Times columnist and Supreme Court correspondent, and author of Gideon's Trumpet and Freedom for the Thought That We Hate: A Biography of the First Amendment

"This is a stellar book. It provides historical and contemporary illustrations of evolving rules and enduring principles with equal skill and, perhaps most important, is remarkably accessible to lay readers without sacrificing sophistication. Highly recommended." —Choice

"Keeping Faith is a good companion for any inquisitive citizen—even a curious lawyer—who is looking to explore (or re-explore) the crucial framework within which great constitutional decisions are made." —Bo Links, California Lawyer

"Keeping Faith provides a clearly written, succint, and compelling analysis of the historical trajectory of American constitutional interpretation. It develops a panoramic view of jurisprudence that effectively ties together a wide variety of complex cases and decisions into a coherent whole." —Philip Shadd, Queen's University

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Product Details

  • ISBN-13: 9780199752836
  • Publisher: Oxford University Press, USA
  • Publication date: 7/16/2010
  • Series: INALIENABLE RIGHTS
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 2 MB

Meet the Author

Goodwin Liu is Associate Dean and Professor of Law at University of California, Berkeley.

Pamela S. Karlan is Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford University.

Christopher H. Schroeder is Charles S. Murphy Professor of Law and Professor of Public Policy Studies at Duke University.

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Table of Contents

Preface

Introduction

Chapter 1 There Is No Conspiracy, So There! 1

Chapter 2 The Golden Rule 12

Chapter 3 How Firm a Foundation 40

Chapter 4 Education 60

Chapter 5 Welfare 84

Chapter 6 All the News That's Fit to Print 98

Chapter 7 American Foreign Policy 119

Chapter 8 The Buck Stops Here 130

Chapter 9 The Round Table, the TLC, and the Bilderbergers 152

Chapter 10 Terrorism and 9/11 164

Chapter 11 The Enlightened Ones 178

Chapter 12 The Committee of 300 190

Chapter 13 The New World Order Religion 209

Chapter 14 Maitreya 225

Chapter 15 The Priesthood and the Constitution 240

Chapter 16 What Can I Do? 256

Chapter 17 Where the Spirit of the Lord Is, There Is Liberty 278

Epilogue 294

Appendix A 296

Appendix B 297

Bibliography 298

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