Ourselves and Our Posterity: Essays in Constitutional Originalism: Edward Whelan: Lexington Books

Ourselves and Our Posterity

Essays in Constitutional Originalism

Ourselves and Our Posterity

Essays in Constitutional Originalism

Description

Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.

Chapter 1 Introduction
Part 2 Part I. Matters of Interpretation
Chapter 3 Chapter 1. Original Meaning and Responsible Citizenship
Chapter 4 Chapter 2. "Common-Sense Constitutionalism": Why Constitutional Structure Matters for Justice Scalia
Part 5 Part II. Originalism and the Judicial Role
Chapter 6 Chapter 3. Judicial Usurpation: Perennial Temptation, Contemporary Challenge
Chapter 7 Chapter 4. Authority Doctrines and the Proper Judicial Role: Judicial Supremacy, Stare Decisis, and the Concept of Judicial Constitutional Violations
Chapter 8 Chapter 5. Freedom Questions, Political Questions: Republicanism and the Myth of a "Bill of Rights"
Part 9 Part III. Law and Politics
Chapter 10 Chapter 6. Confirmations in Times Turned Mean: A Strategy for the Hearings
Chapter 11 Chapter 7. The Supreme Court and Changing Social Mores
Part 12 Part IV. Originalism and Political Thought
Chapter 13 Chapter 8. Scientism, Human Nature, and Modern Constitutional Theory
Chapter 14 Chapter 9. A Constitution to Die For? Congressional Authority to Raise an Army
Chapter 15 Chapter 10. Neoconservatives and the Courts: The Public Interest, 1965-1980

Product details

Published	Jun 16 2009
Format	Paperback
Edition	1st
Extent	308
ISBN	9780739127902
Imprint	Lexington Books
Dimensions	9 x 6 inches
Publisher	Bloomsbury Publishing

Anthology Editor

Bradley C. S. Watson

Contributor

Edward Whelan

Contributor

Ralph A. Rossum

Contributor

Robert P. George

Contributor

Jack Wade Nowlin

Contributor

Matthew J. Franck

Contributor

Hadley P. Arkes

Contributor

Christopher Wolfe

Contributor

Robert Lowry Clinton

Contributor

Stanley C. Brubaker

Contributor

Kenneth K. Kersch

Contributor

Bradley C.S. Watson

At a time of unprecedented governmental activity, where the Constitution seems not even to be an afterthought in our national policy debates, the contribution of a book such as Ourselves and Our Posterity couldn't be more important. For if we are to recover any sense of limited government, dedicated to the securing of our natural liberty, such a recovery must begin with reacquainting ourselves with the Constitution and its moral foundations. In assembling some of the finest of America's constitutional scholars, Bradley C. S. Watson's volume is up to the task. These essays will serve as an excellent resource for students, scholars, and citizens who wish to return the Constitution's principles to their rightful place in our national life.

Ronald J. Pestritto, author of Woodrow Wilson and the Roots of Modern Liberalism and America Transformed: The Rise and Legacy of American Progressivism, Hillsdale College
Interesting and thought-provoking….Bradley C.S. Watson has assembled a delightful collection of papers on the theory and practice of constitutional interpretation….It could serve both as an introduction and as a valuable contribution to the ongoing discussion about originalism.

Grove City College Journal Of Law and Public Policy