A debt against the living : an introduction to originalism / Ilan Wurman.
2017
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Author
Title
A debt against the living : an introduction to originalism / Ilan Wurman.
Imprint
Cambridge : Cambridge University Press, 2017.
Description
1 online resource (xiii, 158 pages) : digital, PDF file(s)
Formatted Contents Note
Introduction
The Origins of Originalism
The Meaning of Meaning
Constitutional Legitimacy
The Founders on Founding
Interpreting the Constitution
Lawyers as Historians
Brown v. Board and Originalism
A Coda on Nonoriginalisms
Epilogue.
The Origins of Originalism
The Meaning of Meaning
Constitutional Legitimacy
The Founders on Founding
Interpreting the Constitution
Lawyers as Historians
Brown v. Board and Originalism
A Coda on Nonoriginalisms
Epilogue.
Summary
Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past', suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living, who benefit from them. In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory's leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court.
Note
Title from publisher's bibliographic system (viewed on 30 Aug 2017).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9781108304221 ebook
9781108419802 (hardback)
9781108412162 (paperback)
9781108419802 (hardback)
9781108412162 (paperback)
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