Textualism and Originalism as Methods for Interpreting the Constitution: The Politicization of Justice (hardcover)

Author: 
Year:
Pages:100
ISBN:1-4955-0938-9
978-1-4955-0938-4
Price:$99.95
From Chapter 1:
"The nomination of Barrett provided a need to again examine how judges go about their interpretation of the Constitution. Prospective justices, have usually said that they read the Constitution through one (or sometimes more) lens. Many have adopted multiple techniques as a means for seeking the most precise meaning of a provision in the Constitution. Any treatment of a Justice’s practices must consider all of the methods adopted in his or her opinions and dissents.
The following provides a brief explanation of each of the four of the eight dominant theories that have guided recent justices in their approach to reading the founding documents of the nation.

Table of Contents

TABLE OF CONTENTS
1 Revisiting Originalism
2 Frameworks for Interpretating the Constitution
Originalism (original meaning; often combined with textualism)
Textualism
Pragmatism
Stare Decisis
3 Originalism: The Framers’ View
4 Originalism: The First Era
5 Originalism: The Second Era
6 Originalism: The Third Era
7 Originalism: Objective Mechanism for Interpreting the Constitution or a Cover for Personal Beliefs
8 Originalism: Its Flaws
Bibliography

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