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The Principal Questions of Constitutional Interpretation

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter takes up the principal questions of constitutional interpretation and the assumptions underlying the enterprise of constitutional interpretation by considering William Rehnquist's ... More


The assumption of intellectual-moral superiority

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0006
Subject:
Law, Legal Profession and Ethics

This chapter evidences that the Network Community assume judges (viz., themselves) to be morally superior to all other actors in a political context because of their sole reliance on intellect. The ... More


Tradition and Practice

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the Court's use of tradition and practice in constitutional interpretation. First, it looks at how the Court has relied on longstanding congressional or executive practice ... More


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


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


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 Perils of Public Purpose

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the harms caused by blight and economic development takings enabled by the court’s endorsement of the broad definition of public use. Such takings often destroy more economic ... More


The Perils of Public Purpose

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the harms caused by blight and economic development takings enabled by the court’s endorsement of the broad definition of public use. Such takings often destroy more economic ... 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


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


1 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


Archiving for the Future: The Party Constitution

Jonathan White

in Institutions For Future Generations

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198746959
eISBN:
9780191809248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746959.003.0021
Subject:
Political Science, Political Theory, Environmental Politics

Political parties in contemporary Western democracy are widely observed to be short-termist, their gaze extending little further than the next opinion poll. This presents a problem for those, within ... More


2 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


The Need for Legitimate Opposition and Protectionism

Sverker Gustavsson

in Democratic Politics in a European Union Under Stress

Published in print:
2014
Published Online:
December 2014
ISBN:
9780198724483
eISBN:
9780191792106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724483.003.0013
Subject:
Political Science, European Union

Rescuing democratic capitalism and rescuing the European Union are two sides of the same coin. If the project is to succeed, we will have to make a clearer distinction than hitherto between demands ... More


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