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Constitutional Interpretation: An Originalism for Nonoriginalists

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the Constitution must be interpreted according to its original meaning. This method of interpretation is commonly known as “originalism,” which is often seen as following ... More


Constitutional Interpretation: What's Wrong With ‘Original Intent’?

Terence Ball

in Reappraising Political Theory: Revisionist Studies in the History of Political Thought

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279952
eISBN:
9780191598753
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198279957.003.0011
Subject:
Political Science, Political Theory

This chapter takes a fresh look at the interpretive strategy of `originalism’ or `original intent’ and shows that this strategy is defective for a number of heretofore unsuspected reasons. Chief ... More


Redemption Under Law

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0002
Subject:
Political Science, American Politics

This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the ... More


Some Reflections on Fundamental Questions about the Original Understanding of the Establishment Clause

Kent Greenawalt

in No Establishment of Religion: America’s Original Contribution to Religious Liberty

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.003.0012
Subject:
Religion, Religion and Society

This chapter begins with an analysis of Everson v. Board of Education, where it argues that the although the original intent of the Establishment Clause and the Fourteenth Amendment should be given ... More


What Did They Fight, and Bargain, For?

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0007
Subject:
History, American History: early to 18th Century

Given dissenters' central role in Virginia's adoption of religious liberty, their understanding of the meaning of religious freedom takes on particular importance. Virginia's evangelical dissenters, ... More


Epilogue

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0008
Subject:
History, American History: early to 18th Century

Virginia's history of religious persecution and religious freedom played a central role in adoption of the First Amendment to the Constitution and the subsequent evolution of American religious ... More


No Establishment of Religion: America’s Original Contribution to Religious Liberty

T. Jeremy Gunn and John Witte (eds)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199860371
eISBN:
9780199950164
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199860371.001.0001
Subject:
Religion, Religion and Society

The focus of the volume is the historical background and meaning of the Establishment Clause of the First Amendment of the Constitution, from the seventeenth century to the present. The text does not ... More


Which Federalism?: The Choice and the Stakes

Erin Ryan

in Federalism and the Tug of War Within

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199737987
eISBN:
9780199918652
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737987.003.0001
Subject:
Law, Constitutional and Administrative Law

The introduction outlines the questions the book addresses, charts the course of the discussion, and introduces its theoretical approach. It lays out the book’s central argument that federalism is ... More


Whose Victory? Whose Defeat?

Peter Charles Hoffer

in The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226614281
eISBN:
9780226614458
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614458.003.0007
Subject:
Law, Legal History

When the civil rights campaign moved north, advocates of integration faced white flight and attendant re-segregation. In Boston, white violence prevented integration of the high schools. In cases ... More


Interpreting Human Rights Law

Sandra Fredman

in Comparative Human Rights Law

Published in print:
2018
Published Online:
December 2018
ISBN:
9780199689408
eISBN:
9780191768293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199689408.003.0005
Subject:
Law, Comparative Law, Human Rights and Immigration

On the face of it, judges are tasked with applying the law, not making it. Yet human rights are framed in general terms, requiring judges to draw on external values to interpret. Some regard judicial ... More


The Original Compromise: What the Constitution’s Framers Were Really Thinking

David Robertson

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199796298
eISBN:
9780199979707
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796298.001.0001
Subject:
Political Science, American Politics

This new account of the framing of the Constitution emphasizes the fierce arguments, intricate political dynamics, and multiple compromises that produced it. James Madison and Alexander Hamilton, ... More


Theorist

Edward A. Jr. Purcell Jr.

in Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discusses Justice Antonin Scalia’s jurisprudence and his advocacy of what he called “public meaning” originalism in contrast to Robert Bork’s “original intent” originalism. The U.S. ... 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


Historical Background

Abhinav Chandrachud

in The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court of India

Published in print:
2014
Published Online:
June 2014
ISBN:
9780198098560
eISBN:
9780199082971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198098560.003.0001
Subject:
Law, Legal History

This chapter analyzes historical legislative debates surrounding the establishment of the Federal Court during British rule in India, and debates in the Constituent Assembly about who would get to ... More


Capital Punishment

Sandra Fredman

in Comparative Human Rights Law

Published in print:
2018
Published Online:
December 2018
ISBN:
9780199689408
eISBN:
9780191768293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199689408.003.0006
Subject:
Law, Comparative Law, Human Rights and Immigration

This chapter applies the cross-cutting themes in Chapters 1–5 to the highly contested issue of the death penalty. It begins by considering the differences in constitutional texts, and particularly ... More


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