Desperately Seeking Certainty: The Misguided Quest for Constitutional FoundationsIrreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories. |
Lietotāju komentāri - Rakstīt atsauksmi
Ierastajās vietās neesam atraduši nevienu atsauksmi.
Saturs
| 1 | |
| 10 | |
3 The Formalist Crusade of Antonin Scalia | 29 |
4 Richard Epstein and the Incredible Shrinking Government | 55 |
5 Akhil Amar and the Peoples Court | 75 |
6 Bruce Ackermans Magic Amendment Machine | 97 |
7 Ronald Dworkin and the City on the Hill | 122 |
8 Dethroning Grand Theory | 140 |
Appendix | 169 |
Notes | 171 |
Index | 203 |
Citi izdevumi - Skatīt visu
Desperately Seeking Certainty: The Misguided Quest for Constitutional ... Daniel A. Farber,Suzanna Sherry Ierobežota priekšskatīšana - 2002 |
Desperately Seeking Certainty: The Misguided Quest for Constitutional ... Daniel A. Farber,Suzanna Sherry Ierobežota priekšskatīšana - 2004 |
Desperately Seeking Certainty: The Misguided Quest for Constitutional ... Daniel A. Farber,Suzanna Sherry Priekšskatījums nav pieejams - 2004 |
Bieži izmantoti vārdi un frāzes
Ackerman action Amar Amendment American approach argues argument believe Bill of Rights Bork calls chapter Clause concept conclusions Congress consider constitutional law conventional Deal debate decisions democracy democratic discussed doctrine Dworkin Epstein equal evidence example existing federal federal government find first formalism Fourteenth Amendment framers give grand theory Hand historical important intent interest interpretation issues judges judicial judicial review Justice Justice Scalia leads least legislation less liberal limited majority matter meaning ment moral opinion originalism originalist particular perhaps political popular practice precedent president principle problem protect question reading reason recent Reconstruction regulation require result role rule says Scalia scholars schools seems Senate sense social sometimes specific speech statute suggests supra note Supreme Court theorists thought tion tional tradition turn understanding United writings
Populāri fragmenti
199. lappuse - The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it; or that the Legislature may alter the Constitution by an ordinary act.
196. lappuse - Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious, ... or national, ... or racial minorities. . . .; whether prejudice against discrete and insular minorities may be a special condition, which lends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial 'inquiry.
19. lappuse - Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights ; they will be an impenetrable bulwark against every assumption of power in the Legislative or Executive ; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.
19. lappuse - They may, however, be all comprehended under the following general heads; protection by the government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole.
117. lappuse - I shall ask the Congress for the one remaining instrument to meet the crisis broad executive power to wage a war against the emergency as great as the power that would be given to me if we were in fact invaded by a foreign foe.
26. lappuse - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein If there are any circumstances which permit an exception, they do not now occur to us.
199. lappuse - If the former part of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature illimitable. 'Certainly all those who have framed written constitutions, contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant...
87. lappuse - The injustice of them has been so frequent and so flagrant as to alarm the most steadfast friends of Republicanism. I am persuaded I do not err in saying that the evils issuing from these sources contributed more to that uneasiness which produced the Convention, and prepared the public mind for a general reform, than those which accrued to our national character and interest from...
60. lappuse - ... no man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary for the common preservation to take any person's property, or to demand his particular services, full compensation shall be made for the same...
199. lappuse - The powers of the Legislature are defined and limited; and that those limits may not be mistaken or forgotten the Constitution is written. To what purpose are powers limited and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained...
Atsauces uz šo grāmatu
Religion and the Domestication of Dissent, Or, How to Live in a Less Than ... Russell T. McCutcheon Priekšskatījums nav pieejams - 2005 |
Bibliogrāfiskā informācija
| Nosaukums | Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations |
| Autori | Daniel A. Farber, Suzanna Sherry |
| Izdevums: | jauns izdevums |
| Izdevējs | University of Chicago Press, 2004 |
| ISBN | 0226238105, 9780226238104 |
| Apjoms | 219 lappuses |
| Eksportēt avotu | BiBTeX EndNote RefMan |