The American Constitution and the Debate Over Originalism

Released on by Dennis J. Goldford
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  • The American Constitution and the Debate Over Originalism Book Detail

  • Author : Dennis J. Goldford
  • Release Date : 2005-04-25
  • Publisher : Cambridge University Press
  • Genre : Law
  • Pages : 319
  • ISBN 13 : 0521845580
  • File Size : 58,58 MB
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The American Constitution and the Debate Over Originalism by Dennis J. Goldford PDF Summary

Book Description: This is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. By their fidelity to the Constitution, Americans are a textual people in that they live in and through the terms of a fundamental text. On the basis of this central idea, the book presents a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution.

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