The Normative Constitution: Essays for the Third Century
Rowman & Littlefield, Jan 1, 1995 - Law - 154 pages
In what sense is the U.S. Constitution binding on contemporary and future generations of Americans? This question was at stake in the fights over the nominations of Robert Bork and Clarence Thomas to the Supreme Court and in the extensive debate over 'original intent' carried on by Attorney General Edwin Meese and Chief Justice William Rehnquist, among others. This collection brings together ten leading philosophers, legal scholars, and political scientists representing a spectrum of opinions.
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American argument assert believe benefits Bill of Rights Boland Amendments Bork Brandeis civil claim commitment conception Congress constitutional interpretation constitutional rights decision defined Democracy democratic derived duties education and subsistence Epstein equal establishment clause example executive federal government Federalist force foreign affairs power foreign policy Founders Fourteenth Amendment framers free exercise free exercise clause freedom gratifications guarantees Ibid individual institutions Joel Feinberg John Adams judge judgment judicial Justice labor statutes legal right legislative liberal arts liberty rights limits majority matter means ment moral rights moral skepticism natural rights neutral normative one's opinion originalist person philosophy popular Powers Resolution President principle problem Professor protection reason redistribution regime religion religious organizations republican respect Richard Sherlock rights to liberties Robert Bork rule of law self-government sense skepticism social society Supreme Court theory thought tion tional tive value choices violation vote War Powers Resolution Wechsler