Introduction: do we want a living constitution? -- Originalism and its sins -- The common law -- Freedom of speech and the living constitution -- Brown v. Board of Education and innovation in the living constitution (with a note on Roe v. Wade) -- The role of the written constitution: common ground and Jefferson's problem -- Constitutional amendments and the living constitution.
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SUMMARY OR ABSTRACT
Text of Note
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anythi.
SYSTEM REQUIREMENTS NOTE (ELECTRONIC RESOURCES)
Text of Note
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002.
ACQUISITION INFORMATION NOTE
Source for Acquisition/Subscription Address
MIL
Source for Acquisition/Subscription Address
OverDrive, Inc.
Stock Number
254383
Stock Number
9271CF7A-CE26-4CD7-BB3D-63E8837E2F4C
OTHER EDITION IN ANOTHER MEDIUM
Title
Living Constitution.
International Standard Book Number
9780195377279
TOPICAL NAME USED AS SUBJECT
Common law-- United States-- Methodology.
Constitutional history-- United States.
Constitutional law-- United States.
Law-- United States-- Interpretation and construction.