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Product details
File Size: 566 KB
Print Length: 170 pages
Page Numbers Source ISBN: 0195377273
Publisher: Oxford University Press; 1 edition (May 19, 2010)
Publication Date: May 19, 2010
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B003H1BUZS
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Amazon Best Sellers Rank:
#547,115 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
The author talks about our constitution as a "living document" and expertly draws the distinction between this and the originalist interpretation as a "dead document."
There has been a debate over the past several decades on whether the US Constitution is a living document that should be interpreted according to current mores and standards or whether it is a static document that should be interpreted using only the meaning found in the original wording of the document.The author, in this book, makes the case that the Constitution is, in fact, a living document that should be interpreted by modern standards and by using principles of common law. There are examples given that, quite frankly, are very persuasive. For instance, if the Constitution were interpreted using original language, we would not have the freedom of speech that we now enjoy. A careful reading of the First Amendment will show that only Congress was prohibited from making laws that abridged free speech. There were no constraints on the states or on other governmental bodies.Whether or not you agree with the author on how the Constitution should be interpreted, this book will make for some though provoking reading and interesting discussion. The book was well written, fairly easy to understand and should be read by all who are concerned about where the Supreme Court is now and where it is headed.
Clear, cogent, and illuminating explanation of the difference between two approaches to interpreting the Constitution: originalism and the Living Constitution
A wonderfully refreshing argument for "the living constitution". Most surprisingly is that much of the argument is based in the philosophy of Edmund Burke, father of modern conservatism.
Richly informative, especially as to the claim for "originalist" interpretations of the Constitution. Strauss argues hard for "Living Constitution" - one that allows (encourages?) careful updating interpretation.
The book provides a very solid defense of the concept of the "living Constitution." As a very firm libertarian, I have long held the concept suspect, but I have gained at least a more nuanced understanding of when and why I oppose the idea of the living Constitution.
Great.
Strauss demolishes originalism in a concise and accessible volume.
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