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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