Originalism: A Quarter-Century of DebateSteven G. Calabresi Simon and Schuster, 2007 M08 21 - 360 páginas What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years. |
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Términos y frases comunes
activist Akhil Amar American answer argued argument believe Bill of Rights Bork branches Cass Sunstein Chief Justice claim Congress Consti constitutional interpretation constitutional law constitutional provisions constitutional text constitutionality David Strauss DEAN KRAMER debate decided decisions defend democracy democratic doctrine document Dred Scott due process enacted enforce entrenchments enumerated powers federal Federalist Society follow precedent Fourteenth Amendment Framers fundamental going GRAGLIA human dignity issue Judge McConnell judicial restraint judiciary jurisprudence Justice Scalia Law Review legislative legislature liberty limited Lino Graglia Madison Meese Meese’s ment Necessary and Proper Ninth Amendment opinion original intention original meaning original understanding originalist overruled Paulsen political pragmatic President principles problem PROFESSOR CALABRESI Professor Sunstein Proper Clause protect question Randy Randy Barnett ratified Reagan reason rule of law speech spending power stare decisis statute Supreme Court things tion tution unconstitutional unenumerated rights vote words written Constitution
Pasajes populares
Página 134 - We must examine the constitution itself, to see whether this process be in conflict with any of its provisions. If not found to be so. we must look to those settled usages and modes of proceeding existing in the common and statute law of England, before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country.
Página 61 - Time works changes, brings into existence new conditions and purposes. Therefore a principle to be vital must be capable of wider application than the mischief which gave it birth.
Página 161 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
Página 67 - Those who won our independence believed that the final end of the state was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty.
Página 73 - From these, and many other selections which might be made, it is apparent that the framers of the constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature.
Página 161 - Among the enumerated powers^ we do not find that of establishing a bank or creating a corporation. But there is no phrase in the instrument which, like the articles of confederation, excludes incidental or implied powers; and which requires that everything granted shall be expressly and minutely described. Even the 10th amendment, which was framed for the purpose of quieting the excessive jealousies which had been excited, omits the word "expressly...
Página 79 - Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law ; and when that is discerned, it is the duty of the court to follow it.
Página 109 - ... it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism: free government is founded in jealousy and not in confidence; it is jealousy and not confidence which prescribes limited Constitutions to bind down those whom we are obliged to trust with power...
Página 75 - The first and fundamental rule in the interpretation of all instruments is, to construe them according to the sense of the terms, and the intention of the parties...
Página 270 - Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution ; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government...