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We Are All Originalists Now

Lawrence B. Solum

in Constitutional Originalism: A Debate

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801447938
eISBN:
9780801460630
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801447938.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter advocates a form of constitutional originalism that accepts originalism's major claims while rejecting the label originalism. It first considers the debates about originalism pitting ... More


Living with Originalism

Lawrence B. Solum

in Constitutional Originalism: A Debate

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801447938
eISBN:
9780801460630
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801447938.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter comments on Robert Bennett's critique of originalism, especially the latter's claim that the original meaning of the Constitution cannot constrain constitutional decision making. Bennett ... More


Bentham and Benthamism in Politics and Ethics

Henry Sidgwick

in Essays on Ethics and Method

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198250234
eISBN:
9780191598432
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198250231.003.0024
Subject:
Philosophy, Moral Philosophy

While Sidgwick praises Leslie Stephen's critical account of 18th century English philosophy, he regrets the brevity of Stephen's treatment of Bentham and Benthamism. This essay is his effort to ... More


Lincoln, Secession, and Revolution: The Civil War Challenge to the Founding

Herman Belz

in Constitutionalism in the Approach and Aftermath of the Civil War

Published in print:
2013
Published Online:
January 2014
ISBN:
9780823251940
eISBN:
9780823253012
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823251940.003.0005
Subject:
History, American History: 19th Century

This chapter analyzes Abraham Lincoln's words and actions in construing the Constitution and defining the Union in the secession crisis of 1861. The crisis came as a result of fundamental ... More


Original Bargains and Their Limitations

Ala Hamoudi Haider

in Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226315348
eISBN:
9780226068794
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226068794.003.0002
Subject:
Political Science, International Relations and Politics

Constitution making processes should be broadly inclusive. Yet one consequence of inclusiveness in constitutional bargaining in deeply divided societies is that it will be difficult to reach ... More


Constitutionalism in the Approach and Aftermath of the Civil War

Paul D. Moreno and Jonathan O'Neill (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780823251940
eISBN:
9780823253012
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823251940.001.0001
Subject:
History, American History: 19th Century

This collection of essays shows how the constitutional aspects of the Civil War were part of American politics for a long time before and after the conflict by examining developments from the ... More


The New Originalist Manifesto

James E. Fleming

in Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199793372
eISBN:
9780199364411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199793372.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines the new originalism, which stresses: (1) original public meaning (as contrasted with the old originalists’ emphasis on the intention of the framers) and (2) the significance of ... More


How Constitutions Work

Mark A. Graber

in A New Introduction to American Constitutionalism

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199943883
eISBN:
9780199369799
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199943883.003.0008
Subject:
Law, Constitutional and Administrative Law

Constitutions work by constraining, constructing, and constituting politics. Constitutions constrain politics when citizens and governing officials subordinate their policy preferences to ... More


Post-Ratification Consensual Construction: The Federalism Question

Ala Hamoudi Haider

in Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226315348
eISBN:
9780226068794
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226068794.003.0006
Subject:
Political Science, International Relations and Politics

The most contentious issue at the time of the drafting of the Iraq Constitution concerned the extent of federalism. This chapter demonstrates how the capacious framework constitutional text on ... More


Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq

Haider Ala Hamoudi

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226315348
eISBN:
9780226068794
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226068794.001.0001
Subject:
Political Science, International Relations and Politics

The purpose of this book is to describe effective means of constitution making in societies that are not only divided, but divided in such a manner that disparate groups have entirely different ... More


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