The Hollow Core of Constitutional Theory: Why We Need the Framers

ISBN-13: 9781108719391 / Angielski / Miękka / 2021 / 225 str.

Drakeman Donald L. Drakeman

Opis

The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.

Recenzje

'Drakeman speaks the unpleasant truth that rarely speaks its name: in-stead of taking their lead from the Constitution, many judges simply begin with their own sense of what the right outcome should be.' Hadley Arkes, Claremont Review of Books

Spis treści

1. The Framers and Contemporary Constitutional Theory; 2. The Framers' Intentions: Who, What, and Where; 3. Original Methods and the Limits of Interpretation; 4. Original Methods Updating; 5. The Semantic Summing Problem; 6. Is Corpus Linguistics Better than Flipping a Coin?; 7. The Framers' Intentions Can Solve the Semantic Summing Problem; 8. Interpretation and Sociological Legitimacy; 9. Noninterpretive Decisions; 10. Conclusion.