Implementing the Constitution / Richard H. Fallon, Jr.
2013
KF8742
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Details
Title
Implementing the Constitution / Richard H. Fallon, Jr.
Edition
Reprint 2014
ISBN
9780674419278
Published
Cambridge, MA : Harvard University Press, [2013]
Copyright
©2001
Language
English
Language Note
In English.
Description
1 online resource (186 p.)
Item Number
10.4159/harvard.9780674419278 doi
Call Number
KF8742
Dewey Decimal Classification
347.73/262
Summary
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.
Access Note
Access limited to authorized users.
System Details Note
Mode of access: Internet via World Wide Web.
Digital File Characteristics
text file PDF
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 29. Nov 2021)
In
HUP e-dition: Complete eBook Package
HUP e-dition: Law & Political Science eBook Package
HUP eBook-Package Backlist 2000-2013 (Canada)
Harvard University Press eBook Package Backlist 2000-2013
HUP e-dition: Law & Political Science eBook Package
HUP eBook-Package Backlist 2000-2013 (Canada)
Harvard University Press eBook Package Backlist 2000-2013
Available in Other Form
print 9780674419261
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Table of Contents
Frontmatter
Contents
Preface
Introduction: The Supreme Court's Disputed Role
CHAPTER 1. Originalism
CHAPTER 2. The Supreme Court as the Forum of Principle
CHAPTER 3. Constitutional Implementation
CHAPTER 4. Extraordinary Adjudication
CHAPTER 5. Doctrinal Tests and the Constitution
CHAPTER 6. Ordinary Adjudication
CHAPTER 7. Legitimacy and the Unwritten Constitution
CHAPTER 8. Against Populism and Methodological Pragmatism
Conclusion: Beyond History and Philosophy
Notes
Index
Contents
Preface
Introduction: The Supreme Court's Disputed Role
CHAPTER 1. Originalism
CHAPTER 2. The Supreme Court as the Forum of Principle
CHAPTER 3. Constitutional Implementation
CHAPTER 4. Extraordinary Adjudication
CHAPTER 5. Doctrinal Tests and the Constitution
CHAPTER 6. Ordinary Adjudication
CHAPTER 7. Legitimacy and the Unwritten Constitution
CHAPTER 8. Against Populism and Methodological Pragmatism
Conclusion: Beyond History and Philosophy
Notes
Index