ISBN: 9780521140911

For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process th… More...

For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be ""the most sacred rule of interpretation."" Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution''s original meaning as the foundation of interpretation. The Founders'' constitution of fixed and permanent meaning has been replaced by the idea of a ""living"" or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it. | The Language of Law and the Foundations of American Constitutionalism by Gary L. McDowell Paperback | Indigo Chapters Books > History > North American History > United States > Politics P10103, Gary L. McDowell<

2010, ISBN: 0521140919

[EAN: 9780521140911], Neubuch, [SC: 0.0], [PU: Cambridge University Press], POLITICAL SCIENCE / AMERICAN GOVERNMENT GENERAL, Druck auf Anfrage Neuware - Printed after ordering - For much … More...

[EAN: 9780521140911], Neubuch, [SC: 0.0], [PU: Cambridge University Press], POLITICAL SCIENCE / AMERICAN GOVERNMENT GENERAL, Druck auf Anfrage Neuware - Printed after ordering - For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it. 428 pp. Englisch, Books<

2010, ISBN: 0521140919

Kartoniert / Broschiert POLITICAL SCIENCE / American Government / General, Vereinigte Staaten von Amerika, USA, mit Schutzumschlag 11, [PU:Cambridge University Press]

2010, ISBN: 9780521140911

Buch, Softcover, [PU: Cambridge University Press], Cambridge University Press, 2010