Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Books in Series

Books in Series
Author:
Publisher:
Total Pages: 1858
Release: 1985
Genre: Monographic series
ISBN:

Vols. for 1980- issued in three parts: Series, Authors, and Titles.

History of the Constitutions of Iowa

History of the Constitutions of Iowa
Author: Benjamin Franklin Shambaugh
Publisher: Good Press
Total Pages: 130
Release: 2023-10-04
Genre: History
ISBN:

Benjamin Franklin Shambaugh's 'History of the Constitutions of Iowa' is a comprehensive examination of the evolution of Iowa's state constitutions from its early territorial days to the present. Shambaugh's meticulous research and detailed analysis provide insights into the political, social, and legal landscape of Iowa throughout its history. Written in a scholarly and accessible style, the book explores the historical context and significance of each constitutional document, shedding light on the principles and values that have shaped Iowa's governance over the years. As a distinguished historian and political scientist, Benjamin Franklin Shambaugh was well-positioned to undertake this study of Iowa's constitutions. His expertise in American political history and constitutional law enriches the narrative, offering readers a nuanced understanding of the forces that have influenced the development of Iowa's constitutional framework. Shambaugh's dedication to accuracy and thoroughness is evident throughout the book, making it a valuable resource for scholars, students, and anyone interested in Iowa's political history. I highly recommend 'History of the Constitutions of Iowa' to anyone seeking a deep dive into the constitutional history of Iowa. Shambaugh's insightful analysis and compelling narrative make this book an indispensable resource for understanding the evolution of governance in the Hawkeye State.