Originalism and the good constitution
John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was enacted by supermajorities. A text approved by supermajorities has special value in a democracy because it has unusually wide support and tends to maximize the welfare of the greatest number.
Read More ↓Title Statements
- Full title :Originalism and the good constitution / John O. McGinnis, Michael B. Rappaport.
Summary
John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was enacted by supermajorities. A text approved by supermajorities has special value in a democracy because it has unusually wide support and tends to maximize the welfare of the greatest number.
Read More ↓Edition Statements
- Publication Date:2013.
Publication Statements
- Publisher(s):Harvard University Press
- Place of Publication:Cambridge, Massachusetts
- Language:eng
- Publication Date:2013.
The Physical Object
- Description:1 online resource (298 pages)
Edition Identifiers
- ISBN:9780674726260, 067472626X, 0674727363, 9780674727366
- DOI:10.4159/harvard.9780674726260
- oclc:ocn861200180
- LC Classification:KF4552
- Dewey Decimal:342.73/0011
Table of Contents
Originalism : Its Discontents and the Supermajoritarian Solution -- The Nature of the Argument -- The Supermajoritarian Theory of Constitutionalism -- The Compliance of the US Constitution with Desirable Supermajority Rules -- The Continuing Desirability of an Old Supermajoritarian Constitution -- Supermajoritarian Failure, Including the Exclusion of African Americans and Women -- Original Methods Originalism -- Original Methods versus Constitutional Construction -- Precedent, Originalism, and the Constitution -- The Normative Theory of Precedent -- Imagining an Originalist Future.
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