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Originalism and the good constitution / John O. McGinnis, Michael B. Rappaport.

By: McGinnis, John O, 1957- [author.].
Contributor(s): Rappaport, Michael B, 1960- [author.].
Material type: TextTextSeries: JSTOR eBooks.Publisher: Cambridge, Massachusetts : Harvard University Press, 2013Description: 1 online resource (298 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9780674726260; 067472626X.Subject(s): Constitutional law -- United States | Constitutional law -- Philosophy | Origin (Philosophy) | Judicial review -- United StatesAdditional physical formats: Print version:: Originalism and the good constitutionDDC classification: 342.73/0011 Online resources: Click here to view this ebook.
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.
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KF4552 .M34 2013 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt6wpqr5 Available ocn861200180

Includes bibliographical references and index.

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.

Print version record.

Reviews provided by Syndetics

CHOICE Review

Among theories of constitutional interpretation, originalism is one of the most popular and controversial. It is popular because it appeals to a commonsense instinct that the meaning of texts should respect the intention of their authors. It is controversial because it seems to tie the present to the dead hand of the past. Originalism and the Good Constitution offers the most elaborate and coherent explanation and defense of originalism now available in the scholarly literature. McGinnis and Rappaport's explanation and defense turns to the superiority of supermajorities as sources of constitutional authority. They see supermajoritarianism as the best available method for "producing legitimate and desirable entrenchments" of the people's values. Unabashed consequentialists, McGinnis (Northwestern Univ.) and Rappaport (Univ. of San Diego) argue that originalism "preserves democratic decision making, individual rights, and other beneficial goals." Originalism also displays an appropriate fidelity to drafters and ratifiers for whom original meaning was obviously the only meaning of any constitutional provision. The authors take seriously objections to originalism and offer systematic responses to each of them. Originalism and the Good Constitution is rigorous and careful. It is by no means an easy read, but is a worthwhile one. Summing Up: Recommended. Graduate and research collections. A. D. Sarat Amherst College

Author notes provided by Syndetics

McGinnis John O. :<br> <p>John O. McGinnis is George C. Dix Professor of Constitutional Law at Northwestern University.Rappaport Michael B. :<br></p> <p>Michael B. Rappaport is Hugh and Hazel Darling Foundation Professor of Law and Director of the Center for the Study of Constitutional Originalism at the University of San Diego.</p>

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