Prominent constitutional scholar Christopher Wolfe challenges popular opinions by presenting an insightful and well-supported defense of originalist interpretations of the Constitution. He describes the traditional approach to constitutional interpretation and judicial review and then focuses his analysis on the due process clause, which has become the source of most modern constitutional law. Wolfe challenges the most influential defenders of judicial activism, including Laurence Tribe, Michael Dorf, Harry Wellington, and Mark Tushnet, and he persuasively explains the dire political consequences of taking the Constitution out of constitutional law.
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This text challenges popular opinions held by many legal scholars by presenting a defence of originalist interpretations of the US Constitution. The author's controversial conclusions expand the debate over the understanding of original intention.
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Chapter 1 Acknowledgments Chapter 2 Introduction Part 3 Part I: The Founding and Constitutional Interpretation Chapter 4 How to Read and Interpret the Constitution Chapter 5 The Original Meaning of the Due Process Clause Chapter 6 Between Scylla and Charybdis: Powell and Berger on the Framers and Original Intention Part 7 Part II: Twentieth-Century Judicial Power: Practice and Theory Chapter 8 How the Constitution Was Taken Out of Constitutional Law Chapter 9 The Result-Oriented Adjudicator's Guide to Constitutional, Law I: Laurence Tribe and Michael Dorf Chapter 10 Law II: Harry Wellington Chapter 11 Grand Theories and Ambiguous Republican Critique: Mark Tushnet on Contemporary Constitutional Law Chapter 12 Constitutional Interpretation and Precedent Chapter 13 Notes Chapter 14 Index
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How to Read the Constitution is the mature reflections of one of America's leading constitutional theorists and, in my view, the pre-eminent defender of an 'originalist' approach to constitutional review by courts. Wolfe is in full bloom.
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Produktdetaljer

ISBN
9780847682355
Publisert
1996-07-28
Utgiver
Vendor
Rowman & Littlefield
Vekt
367 gr
Høyde
230 mm
Bredde
151 mm
Dybde
19 mm
Aldersnivå
G, 01
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
240

Forfatter

Biographical note

Christopher Wolfe is professor of political science at Marquette University in Milwaukee, Wisconsin.