TY  - GEN
AB  - This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, Implementing the Constitution takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. Implementing the Constitution bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
AU  - Fallon, Jr., Richard H., 
CN  - KF8742
DO  - 10.4159/harvard.9780674419278
DO  - doi
EP  - ZDB-23-HCO
EP  - ZDB-23-HLP
ET  - Reprint 2014
ID  - 1479430
JF  - HUP e-dition: Complete eBook Package
JF  - HUP e-dition: Law & Political Science eBook Package
JF  - HUP eBook-Package Backlist 2000-2013 (Canada)
JF  - Harvard University Press eBook Package Backlist 2000-2013
KW  - Constitutional law.
KW  - Recht.
KW  - Constitutional law -- United States.
KW  - LAW / General.
KW  - United States. Supreme Court.
KW  - LAW / General.
LA  - eng
LA  - In English.
LK  - https://univsouthin.idm.oclc.org/login?url=https://www.degruyter.com/isbn/9780674419278
N2  - This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, Implementing the Constitution takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. Implementing the Constitution bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
SN  - 9780674419278
T1  - Implementing the Constitution /
TI  - Implementing the Constitution /
UR  - https://univsouthin.idm.oclc.org/login?url=https://www.degruyter.com/isbn/9780674419278
ER  -