Original Sin: Clarence Thomas and the Failure of the Constitutional ConservativesNYU Press, 17. juni 2002 - 218 sider Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws—including self-interested reasoning and the manipulation of doctrine—that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court. |
Innhold
25 | |
32 | |
States of Grace? | 51 |
The Smoking Gun | 78 |
A Bridge over | 107 |
Any More Such Victories | 123 |
Legitimation | 145 |
Notes | 171 |
207 | |
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Original Sin: Clarence Thomas and the Failure of the Constitutional ... Samuel A. Marcosson Begrenset visning - 2002 |