Description
For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.
Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.
About the Author
Gary L. McDowell is a Professor in the Jepson School of Leadership Studies at the University of Richmond, where he holds the Tyler Haynes Interdisciplinary Chair of Leadership Studies, Political Science, and Law. He is the author or editor of ten books, including Equity and the Constitution: The Supreme Court, Equitable Relief and Public Policy; Curbing the Courts: The Constitution and the Limits of Judicial Power; Justice vs. Law: Courts and Politics in American Society (with Eugene W. Hickok, Jr.); and Friends of the Constitution: Writings of the 'Other' Federalists (edited with Colleen Sheehan). In addition to his teaching appointments, he has served as the Director of the Office of the Bicentennial of the Constitution at the National Endowment for the Humanities, Associate Director of Public Affairs at the United States Department of Justice and chief speechwriter to United States Attorney General Edwin Meese III, and Director of the Institute of United States Studies in the University of London.
Reviews
'The Language of Law is a vital and especially erudite contribution ... The New Criterion
'... an outstanding work of scholarship, ably synthesizing and analyzing a considerable body of material and bringing out its contemporary relevance.' Society
Book Information
ISBN 9780521140911
Author Gary L. McDowell
Format Paperback
Page Count 428
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 600g
Dimensions(mm) 234mm * 155mm * 23mm
Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.
About the Author
Gary L. McDowell is a Professor in the Jepson School of Leadership Studies at the University of Richmond, where he holds the Tyler Haynes Interdisciplinary Chair of Leadership Studies, Political Science, and Law. He is the author or editor of ten books, including Equity and the Constitution: The Supreme Court, Equitable Relief and Public Policy; Curbing the Courts: The Constitution and the Limits of Judicial Power; Justice vs. Law: Courts and Politics in American Society (with Eugene W. Hickok, Jr.); and Friends of the Constitution: Writings of the 'Other' Federalists (edited with Colleen Sheehan). In addition to his teaching appointments, he has served as the Director of the Office of the Bicentennial of the Constitution at the National Endowment for the Humanities, Associate Director of Public Affairs at the United States Department of Justice and chief speechwriter to United States Attorney General Edwin Meese III, and Director of the Institute of United States Studies in the University of London.
Reviews
'The Language of Law is a vital and especially erudite contribution ... The New Criterion
'... an outstanding work of scholarship, ably synthesizing and analyzing a considerable body of material and bringing out its contemporary relevance.' Society
Book Information
ISBN 9780521140911
Author Gary L. McDowell
Format Paperback
Page Count 428
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 600g
Dimensions(mm) 234mm * 155mm * 23mm
