Overview

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of ...
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Ourselves and Our Posterity: Essays in Constitutional Originalism

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Overview

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.
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Product Details

  • ISBN-13: 9780739136331
  • Publisher: Lexington Books
  • Publication date: 6/16/2009
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 324
  • File size: 501 KB

Meet the Author

Bradley C. S. Watson holds the Philip M. McKenna Chair in American and Western Political Thought at Saint Vincent College and is author or editor of many books, including Civic Education and Culture, Civil Rights and the Paradox of Liberal Democracy, The West at War, and Living Constitution, Dying Faith: Progressivism and the New Science of Jurisprudence.
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Table of Contents

Chapter 1 Introduction
Part 2 Part I. Matters of Interpretation
Chapter 3 Chapter 1. Original Meaning and Responsible Citizenship
Chapter 4 Chapter 2. "Common-Sense Constitutionalism": Why Constitutional Structure Matters for Justice Scalia
Part 5 Part II. Originalism and the Judicial Role
Chapter 6 Chapter 3. Judicial Usurpation: Perennial Temptation, Contemporary Challenge
Chapter 7 Chapter 4. Authority Doctrines and the Proper Judicial Role: Judicial Supremacy, Stare Decisis, and the Concept of Judicial Constitutional Violations
Chapter 8 Chapter 5. Freedom Questions, Political Questions: Republicanism and the Myth of a "Bill of Rights"
Part 9 Part III. Law and Politics
Chapter 10 Chapter 6. Confirmations in Times Turned Mean: A Strategy for the Hearings
Chapter 11 Chapter 7. The Supreme Court and Changing Social Mores
Part 12 Part IV. Originalism and Political Thought
Chapter 13 Chapter 8. Scientism, Human Nature, and Modern Constitutional Theory
Chapter 14 Chapter 9. A Constitution to Die For? Congressional Authority to Raise an Army
Chapter 15 Chapter 10. Neoconservatives and the Courts: The Public Interest, 1965-1980
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