The Language of Law and the Foundations of American Constitutionalism

The Language of Law and the Foundations of American Constitutionalism

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by Gary L. McDowell
     
 

Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.See more details below

Overview

Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.

Product Details

ISBN-13:
9780521140911
Publisher:
Cambridge University Press
Publication date:
06/28/2010
Pages:
428
Product dimensions:
6.10(w) x 9.10(h) x 1.00(d)

Table of Contents

Introduction: the politics of original intention; 1. The Constitution and the scholarly tradition: recovering the Founders' Constitution; 2. Nature and the language of law: Thomas Hobbes and the foundations of modern constitutionalism; 3. Language, law, and liberty: John Locke and the structures of modern constitutionalism; 4. The limits of natural law: modern constitutionalism and the science of interpretation; 5. The greatest improvement on political institutions: natural rights, written constitutions and the intention of the people; 6. Chains of the Constitution: Thomas Jefferson, James Madison and the political metaphysics of strict construction; 7. The most sacred rule of interpretation: John Marshall, originalism, and the limits of judicial power; 8. The same yesterday, to-day, and forever: Joseph Story and the permanence of constitutional meaning; Epilogue: the moral foundations of originalism.

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