With the appointment of Justices Gorsuch and Kavanaugh to the Supreme Court, jurists in the mold of Justice Scalia, textualism and originalism are more prominent then ever before. These justices insist that in interpreting the Constitution, they focus on text while other justices neglect the Constitution. In The (Un)Written Constitution, George Thomas reveals that textualists and originalists rely on unwritten understandings that shape their reading of the Constiution's text. Our most pressing debates over how to interpret the Constitution are debates about unwritten ideas, not the text. And…mehr
With the appointment of Justices Gorsuch and Kavanaugh to the Supreme Court, jurists in the mold of Justice Scalia, textualism and originalism are more prominent then ever before. These justices insist that in interpreting the Constitution, they focus on text while other justices neglect the Constitution. In The (Un)Written Constitution, George Thomas reveals that textualists and originalists rely on unwritten understandings that shape their reading of the Constiution's text. Our most pressing debates over how to interpret the Constitution are debates about unwritten ideas, not the text. And these debates have been with us from the creation of the Constitution to the present.
George Thomas is Wohlford Professor of American Political Institutions and Director of the Salvatori Center for the Study of Individual Freedom at Claremont McKenna College. He is the author of The Madisonian Constitution and The Founders and the Idea of a National University: Constituting the American Mind, and co-author of the two-volume American Constitutional Law: Essays, Cases, and Comparative Notes. He has published numerous scholarly articles on Constitutional Law and American Constitutionalism, and his essays have appeared in The Atlantic and The Washington Post. He has received fellowships from the National Endowment for the Humanities and the Huntington Library, and is the recipient of the Alexander George Award from the American Political Science Association.
Inhaltsangabe
Introduction: Interpreting a Written Constitution Chapter 1 Text and Textualism Chapter 2 Text and Originalism Chapter 3 Text and Republican Government Chapter 4 Text and the Separation of Powers Chapter 5 Text and Unwritten Understandings Conclusion: The Inescapability of Constitutional Judgment Notes Index
Introduction: Interpreting a Written Constitution Chapter 1 Text and Textualism Chapter 2 Text and Originalism Chapter 3 Text and Republican Government Chapter 4 Text and the Separation of Powers Chapter 5 Text and Unwritten Understandings Conclusion: The Inescapability of Constitutional Judgment Notes Index
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