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Keeping Faith with the Constitution (Inalienable Rights)

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Keeping Faith with the Constitution (Inalienable Rights) Cover

 

Synopses & Reviews

Publisher Comments:

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.

About 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.

Table of Contents

Introduction

1. The Constitution's Vision and Values

2. Judicial Interpretation of the Constitution

3. Equality

4. Freedom of Speech

5. Promoting the General Welfare

6. Separation of Powers

7. Democracy

8. Criminal Justice

9. Liberty

10. Progress and Possibilities

The Constitution of the United States

Product Details

ISBN:
9780199738779
Author:
Liu, Goodwin
Publisher:
Oxford University Press, USA
Author:
Schroeder, Christopher H.
Author:
Karlan, Pamela
Author:
null, Goodwin
Author:
Schroeder, Christopher
Author:
null, Pamela S.
Author:
Karlan, Pamela S.
Author:
null, Christopher H.
Subject:
Constitutional law -- United States.
Subject:
Constitutional
Subject:
Constitutions
Subject:
Legal History
Subject:
Law | Constitutional Law
Copyright:
Series:
Inalienable Rights
Publication Date:
20100831
Binding:
HARDCOVER
Grade Level:
General/trade
Language:
English
Pages:
272
Dimensions:
8.60x6.12x.94 in. .93 lbs.

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Related Subjects

History and Social Science » Law » Constitutional Law
History and Social Science » Law » General
History and Social Science » Politics » General
Religion » Comparative Religion » General

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