Constitutional originalism : a debate / Robert W. Bennett and Lawrence B. Solum.

By:

Bennett, Robert W. (Robert William), 1941- [Author]

Contributor(s):

Solum, Lawrence

Material type: Text

text

Media type:

computer

Carrier type:

online resource

ISBN:

9780801461118
9780801460630

Subject(s):

Constitutional law -- United States

Genre/Form:

Electronic Books.

LOC classification:

KF4550 .C667 2011

Online resources:

Click to access digital title | log in using your CIU ID number and my.ciu.edu password

Available additional physical forms:

Contents:

Originalism and the living American constitution -- Living with originalism -- Are we all living constitutionalists now?

Subject: "Debates about constitutional originalism and its rival, living constitutionalism, are old. Originalists insist that the meaning of the United States Constitution is fixed. The words and phrases of the constitutional text have the same meaning today as they did when the Constitution was ratified by the requisite nine states in 1788 (or when each amendment was ratified). Living constitutionalists believe that the meaning of the Constitution must adapt to changes in values and circumstances. The two authors of the essays that follow clearly have different attitudes toward what is called originalism in constitutional interpretation. Lawrence Solum advocates a form of constitutional originalism; Robert Bennett's views align with a version of living constitutionalism. But the essays reveal that this contrast shrouds a host of complexities, both in the definitions of the concepts and in approaches to interpretation. Together the essays provide an introduction to the contemporary debates about the role of original understanding in constitutional interpretation"--Preface, pages [vii.

Tags from this library: No tags from this library for this title. Log in to add tags.

Average rating: 0.0 (0 votes)

Holdings
Item type	Current library	Collection	Call number	URL	Status	Date due	Barcode
Online Book (LOGIN USING YOUR MY CIU LOGIN AND PASSWORD)	G. Allen Fleece Library ONLINE	Non-fiction	KF4550 (Browse shelf(Opens below))	Link to resource	Available		on1298209224

Includes bibliographies and index.

We are all originalists now -- Originalism and the living American constitution -- Living with originalism -- Are we all living constitutionalists now?

"Debates about constitutional originalism and its rival, living constitutionalism, are old. Originalists insist that the meaning of the United States Constitution is fixed. The words and phrases of the constitutional text have the same meaning today as they did when the Constitution was ratified by the requisite nine states in 1788 (or when each amendment was ratified). Living constitutionalists believe that the meaning of the Constitution must adapt to changes in values and circumstances. The two authors of the essays that follow clearly have different attitudes toward what is called originalism in constitutional interpretation. Lawrence Solum advocates a form of constitutional originalism; Robert Bennett's views align with a version of living constitutionalism. But the essays reveal that this contrast shrouds a host of complexities, both in the definitions of the concepts and in approaches to interpretation. Together the essays provide an introduction to the contemporary debates about the role of original understanding in constitutional interpretation"--Preface, pages [vii.

https://lib.ciu.edu/copyright-request-form

There are no comments on this title.

to post a comment.