From New York Times bestselling author Cass Sunstein, a timely and
powerful argument for rethinking how the U.S. Constitution is
interpreted The U.S. Supreme Court has eliminated the right to
abortion and is revisiting other fundamental questions today—about
voting rights, affirmative action, gun laws, and much more.
Once-arcane theories of constitutional interpretation are profoundly
affecting the lives of all Americans. In this brief and urgent book,
Harvard Law School professor Cass Sunstein provides a lively
introduction to competing approaches to interpreting the
Constitution—and argues that the only way to choose one is to ask
whether it would change American life for the better or worse. If a
method of interpretation would eliminate the right of privacy, allow
racial segregation, or obliterate free speech, it would be
unacceptable for that reason. But some Supreme Court justices are
committed to “originalism,” arguing that the meaning of the
Constitution is settled by how it was publicly understood when it was
ratified. Originalists insist that their approach is dictated by the
Constitution. That, Sunstein argues, is a big mistake. The
Constitution doesn’t contain instructions for its own
interpretation. Any approach to constitutional interpretation needs to
be defended in terms of its broad effects—what it does to our rights
and our institutions. It must respect those rights and
institutions—and safeguard the conditions for democracy itself.
Passionate and compelling, How to Interpret the Constitution is
essential reading for anyone who is concerned about how the Supreme
Court is changing the rights and lives of Americans today.
Les mer
Produktdetaljer
ISBN
9780691252056
Publisert
2023
Utgiver
Vendor
Princeton University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter