Original Intent and the Framers' Constitution

By: Leonard W. Levy

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Paperback | 15 August 2000

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543 Pages

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For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers'' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activismâ"the constant reinterpretation of the Constitutionâ"he sees as inevitable.

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Merciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book.--Anthony Lewis, former New York Times columnist "The New York Times "

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Non-Fiction Law Laws of Specific Jurisdictions Constitutional & Administrative Law Politics & Government Political Structure & Processes Constitution & The Government & The State Legal System in General Courts & Procedure Judicial Powers History Regional & National History

History of the Americas

Preface
The Framers and Original Intent	p. 1
President and Congress: Foreign Policy and War Powers	p. 30
Judicial Review and Judicial Activism	p. 54
Marbury v. Madison: Judicial Activism Run Amok	p. 75
Was Judicial Review Intended? The State Precedents	p. 89
Development of Judicial Review	p. 100
The Contract Clause	p. 124
Why We Have the Bill of Rights	p. 137
The First Amendment: The Establishment Clause	p. 174
The First Amendment: The Free Press Clause	p. 195
The Fourth Amendment: Search and Seizure	p. 221
The Fifth Amendment: The Right Against Self-Incrimination	p. 247
The Ninth Amendment: Unenumerated Rights	p. 267
History and Original Intent	p. 284
A Constitutional Jurisprudence of Original Intent? Part One	p. 322
A Constitutional Jurisprudence of Original Intent? Part Two	p. 350
Conclusions	p. 388
Notes	p. 399
Bibliography	p. 479
Index	p. 495
Table of Contents provided by Blackwell. All Rights Reserved.

Original Intent and the Framers' Constitution

At a Glance

Paperback

Industry Reviews

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How to return your order

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