The Supreme Court and the Decline of Constitutional AspirationHow should the U.S. Constitution be interpreted, and upon what philosophical basis? What were the intentions of its framers concerning judicial interpretation? the doctrine of natural rights? the finality of Supreme Court decisions? To what extent are these intentions relevant to modern politics and jurisprudence? These and other issues are given a balanced and fresh treatment in Professor Jacobsohn's timely study. |
Contents
From Rights to Interests | 25 |
Conclusion | 33 |
Making Sense of the Unwritten Constitution | 74 |
Copyright | |
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The Supreme Court and the Decline of Constitutional Aspiration Gary J. Jacobsohn Limited preview - 1986 |
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Amendment American appeal argued argument authority Berger Bickel Carolene Products Co chapter claim commitment common law conception Congress congressional consti constitutional adjudication constitutional aspiration constitutional interpretation constitutional jurisprudence constitutional law constitutional theory constitutionality contemporary context debate Declaration of Independence doctrine document Dred Scott decision Dworkin eighteenth century Ely's embodied enforcement example Federalist Federalist number founders framers fundamental law Grey Hamilton human Ibid ideals important institutions intent interpretivism issue James Wilson Jefferson John Hart Ely judges judicial decisions judicial finality judicial review judiciary jurisprudential jury legal philosophy legislative legislature liberal Lincoln Madison meaning ment moral theory natural justice natural law natural rights noninterpretive number 78 obligation opinion philosophy political position positivism principles of natural Raoul Berger rejection response role Ronald Dworkin Roscoe Pound scientific slavery social society specific substantive Supreme Court tion tional truths tutional ultimately understanding unwritten constitution written