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The Language of Law and the Foundations of American Constitutionalism (Hardcover)
Loot Price: R2,305
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The Language of Law and the Foundations of American Constitutionalism (Hardcover)
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For much of its history, the interpretation of the United States
Constitution presupposed judges seeking the meaning of the text and
the original intentions behind that text, a process that was deemed
by Chief Justice John Marshall to be 'the most sacred rule of
interpretation'. Since the end of the nineteenth century, a
radically new understanding has developed in which the moral
intuition of the judges is allowed to supplant the Constitution's
original meaning as the foundation of interpretation. The Founders'
Constitution of fixed and permanent meaning has been replaced by
the idea of a 'living' or evolving constitution. Gary L. McDowell
refutes this new understanding, recovering the theoretical grounds
of the original Constitution as understood by those who framed and
ratified it. It was, he argues, the intention of the Founders that
the judiciary must be bound by the original meaning of the
Constitution when interpreting it.
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