The living Constitution / David A. Strauss.

Format:

Book

Author/Creator:

Strauss, David A.

Series:

Inalienable Rights

Language:

English

Subjects (All):

Constitutional law--United States.

Constitutional law.

Constitutional history--United States.

Constitutional history.

Physical Description:

1 online resource (171 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; New York : Oxford University Press, 2010.

Language Note:

English

Summary:

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 anything-goes flexibility caricatured

Contents:

Acknowledgments; Editor's Note; Contents; Introduction: Do We Want a Living Constitution?; CHAPTER ONE: Originalism and Its Sins; CHAPTER TWO: The Common Law; CHAPTER THREE: Freedom of Speech and the Living Constitution; CHAPTER FOUR: Brown v. Board of Education and Innovation in the Living Constitution (with a Note on Roe v. Wade); CHAPTER FIVE: The Role of the Written Constitution: Common Ground and Jefferson's Problem; CHAPTER SIX: Constitutional Amendments and the Living Constitution; Index

Notes:

Includes index.

Description based on metadata supplied by the publisher and other sources.

ISBN:

0-19-975253-2

1-282-54383-0

9786612543838

0-19-970369-8

OCLC:

609861644