Friday, October 22, 2021

Download Originalism and the Good Constitution Book

Originalism and the Good Constitution PDF
By:John O. McGinnis,Michael B. Rappaport
Published on 2013-11-01 by Harvard University Press

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Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

This Book was ranked at 37 by Google Books for keyword Free Capitalism.

Book ID of Originalism and the Good Constitution's Books is ieu9AAAAQBAJ, Book which was written byJohn O. McGinnis,Michael B. Rappaporthave ETAG "TRPGzFrLT/E"

Book which was published by Harvard University Press since 2013-11-01 have ISBNs, ISBN 13 Code is 9780674726260 and ISBN 10 Code is 067472626X

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Book which have "308 Pages" is Printed at BOOK under CategoryLaw

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