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. |
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Page 65
... limited constitution ; and as far as it is true , is equally applicable to most , if not to all the state governments.48 It should first be noted that Hamilton was here responding to the criticisms directed at the framers ' plan for the ...
... limited constitution ; and as far as it is true , is equally applicable to most , if not to all the state governments.48 It should first be noted that Hamilton was here responding to the criticisms directed at the framers ' plan for the ...
Page 66
... limited constitution . " He does not anticipate that this will lead to the abuses projected by the opponents of the Constitution , an argument supported by the experi- ence of the state courts . Moreover , he suggests the occasion where ...
... limited constitution . " He does not anticipate that this will lead to the abuses projected by the opponents of the Constitution , an argument supported by the experi- ence of the state courts . Moreover , he suggests the occasion where ...
Page 90
... limited by the principles of natural justice . Thus , it follows that these principles must be embedded in the written fundamental law ; that , in other words , the validity of Otis's appeal no longer relies upon the unwritten ...
... limited by the principles of natural justice . Thus , it follows that these principles must be embedded in the written fundamental law ; that , in other words , the validity of Otis's appeal no longer relies upon the unwritten ...
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