Originalism and the good constitution /
"Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because i...
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| Format: | Book |
| Language: | English |
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Cambridge, Massachusetts :
Harvard University Press,
2013
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Table of Contents:
- Originalism : Its Discontents and the Supermajoritarian Solution
- The Nature of the Argument
- The Supermajoritarian Theory of Constitutionalism
- The Compliance of the US Constitution with Desirable Supermajority Rules
- The Continuing Desirability of an Old Supermajoritarian Constitution
- Supermajoritarian Failure, Including the Exclusion of African Americans and Women
- Original Methods Originalism
- Original Methods versus Constitutional Construction
- Precedent, Originalism, and the Constitution
- The Normative Theory of Precedent
- Imagining an Originalist Future