Originalism and the good constitution /John O. McGinnis, Michael B. Rappaport.
McGinnis, John O., 1957-
Originalism and the good constitution /John O. McGinnis, Michael B. Rappaport. - Cambridge, Massachusetts : Harvard University Press, (c)2013. - 1 online resource (298 pages)
Includes bibliographies 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.
John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was enacted by supermajorities. A text approved by supermajorities has special value in a democracy because it has unusually wide support and tends to maximize the welfare of the greatest number.
9780674726260
Constitutional law--United States.
Constitutional law--Philosophy.
Origin (Philosophy)
Judicial review--United States.
Constitutional law--Philosophy.
Constitutional law--United States.
Judicial review--United States.
Law, other.
Law.
Electronic Books.
KF4552 / .O754 2013
Originalism and the good constitution /John O. McGinnis, Michael B. Rappaport. - Cambridge, Massachusetts : Harvard University Press, (c)2013. - 1 online resource (298 pages)
Includes bibliographies 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.
John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was enacted by supermajorities. A text approved by supermajorities has special value in a democracy because it has unusually wide support and tends to maximize the welfare of the greatest number.
9780674726260
Constitutional law--United States.
Constitutional law--Philosophy.
Origin (Philosophy)
Judicial review--United States.
Constitutional law--Philosophy.
Constitutional law--United States.
Judicial review--United States.
Law, other.
Law.
Electronic Books.
KF4552 / .O754 2013