The failed promise of originalism / Frank B. Cross.

Format:

Book

Author/Creator:

Cross, Frank B.

Language:

English

Subjects (All):

United States. Supreme Court.

United States.

Constitutional law--United States.

Constitutional law.

Law--United States--Interpretation and construction.

Law.

Physical Description:

1 online resource (237 p.)

Edition:

1st ed.

Place of Publication:

Stanford, Calif. : Stanford Law Books, an imprint of Stanford University Press, 2013.

Language Note:

English

Summary:

Originalism is an enormously popular-and equally criticized-theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, ""We are all originalists."" Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism.The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears t

Contents:

The undeniable appeal of originalism

The meaning of originalism

The materials of originalism

Originalism before the Warren Court

Originalism since the Warren Court

Evaluating the Supreme Court's use of history

Justices of originalism

Ideology and Supreme Court decisions

The intersection of ideology and originalism.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9780804784696

0804784698

OCLC:

819635325