The Hollow Core of Constitutional Theory

The Hollow Core of Constitutional Theory
Author :
Publisher : Cambridge University Press
Total Pages : 247
Release :
ISBN-10 : 9781108618038
ISBN-13 : 1108618030
Rating : 4/5 (38 Downloads)

Book Synopsis The Hollow Core of Constitutional Theory by : Donald L. Drakeman

Download or read book The Hollow Core of Constitutional Theory written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2021-04-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.


The Hollow Core of Constitutional Theory Related Books

The Hollow Core of Constitutional Theory
Language: en
Pages: 247
Authors: Donald L. Drakeman
Categories: Law
Type: BOOK - Published: 2021-04-08 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in
Supreme Court Confirmation Hearings and Constitutional Change
Language: en
Pages: 313
Authors: Paul M. Collins
Categories: Law
Type: BOOK - Published: 2013-06-24 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional
Modern Constitutional Theory
Language: en
Pages:
Authors: Thomas Alexander Aleinikoff
Categories:
Type: BOOK - Published: 1960 - Publisher:

DOWNLOAD EBOOK

Rehabilitating Lochner
Language: en
Pages: 204
Authors: David E. Bernstein
Categories: History
Type: BOOK - Published: 2011-05-15 - Publisher: University of Chicago Press

DOWNLOAD EBOOK

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. N
Daniel Webster and the Unfinished Constitution
Language: en
Pages: 292
Authors: Peter Charles Hoffer
Categories: Law
Type: BOOK - Published: 2021-03-26 - Publisher: University Press of Kansas

DOWNLOAD EBOOK

Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case t