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Originalism and the Living American Constitution

Robert W. Bennett

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/9780801447938.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the clash between originalism and living constitutionalism. It considers variants of originalism, with particular emphasis on unsolved problems and continuing disagreement. It ... More


Constitutional Originalism: A Debate

Robert.W Bennett and Lawrence B. Solum

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801447938
eISBN:
9780801460630
Item type:
book
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801447938.001.0001
Subject:
Law, Constitutional and Administrative Law

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called “originalism.” The core of originalism is the belief that ... More


On Constitutional Disobedience

Louis Michael Seidman

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199898275
eISBN:
9780190260125
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199898275.001.0001
Subject:
Law, Constitutional and Administrative Law

What would the framers of the U.S. Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on ... More


The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Rodney A. Smolla

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.001.0001
Subject:
Law, Constitutional and Administrative Law

American college campuses, where ideas are freely exchanged, contested, and above all uncensored, are historical hotbeds of political and social turmoil. In the past decade alone, the media has ... More


Five Constitutional Ideas That Have Influenced the Identity of American Universities

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0001
Subject:
Law, Constitutional and Administrative Law

This book explores five constitutional ideas that have shaped the identity of American universities and thus illustrate the connection between the U.S. Constitution and the American college campus. ... More


Academic Freedom and the Living Constitution

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines how academic freedom is linked to the “living Constitution” debate even as the words “academic freedom” do not appear anywhere in the text of the U.S. Constitution. It first ... More


The Argument Briefly Stated

Louis Michael Seidman

in On Constitutional Disobedience

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199898275
eISBN:
9780190260125
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199898275.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the arguments of constitution apologists in favor of constitutional obedience and how each of their points is flawed. One of these is the “living Constitution” argument which ... More


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