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eBook - ePub
Original Intent and the Framers' Constitution
About this book
For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism-the constant reinterpretation of the Constitution-he sees as inevitable.
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Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Yes, you can access Original Intent and the Framers' Constitution by Leonard W. Levy in PDF and/or ePUB format, as well as other popular books in History & North American History. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Cover
- Half title
- Title
- Copyright
- Dedication
- Contents
- Preface
- 1. The Framers and Original Intent
- 2. President and Congress: Foreign Policy and War Powers
- 3. Judicial Review and Judicial Activism
- 4. Marbury v. Madison: Judicial Activism Run Amok
- 5. Was Judicial Review Intended? The State Precedents
- 6. Development of Judicial Review
- 7. The Contract Clause
- 8. Why We Have the Bill of Rights
- 9. The First Amendment: The Establishment Clause
- 10. The First Amendment: The Free Press Clause
- 11. The Fourth Amendment: Search and Seizure
- 12. The Fifth Amendment: The Right Against Self-Incrimination
- 13. The Ninth Amendment: Unenumerated Rights
- 14. History and Original Intent
- 15. A Constitutional Jurisprudence of Original Intent? Part One
- 16. A Constitutional Jurisprudence of Original Intent? Part Two
- 17. Conclusions
- Notes
- Bibliography
- Index