Essentials Of Reading the Constitution

Essentials Of Reading the Constitution

by Ruby Wishmo
Epub (Kobo), Epub (Adobe)
Publication Date: 03/04/2024

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- The text discusses different approaches to interpreting statutes and the Constitution, focusing on textualism/originalism versus purpose-based interpretation.


- It uses numerous Supreme Court cases as examples to illustrate how these different methodologies have been applied in practice and their consequences.


- Cases like Lochner, the New Deal shift, and Brown v. Board of Education are analyzed as examples of paradigm shifts in the Court's jurisprudential approach over time.


- Textualism promises clear answers but often fails in reality due to ambiguity and the complexity of legal texts. Originalism lacks guidance on when to overturn precedent.


- Purpose-based interpretation considers statutory objectives, legislative history, values, and consequences to understand ambiguous provisions in context.


- Landmark cases like Heller, Citizens United, and Dobbs are critiqued for relying too heavily on textualism/originalism rather than balancing interests.


- Workability, maintenance of democratic governance, and reliance interests favor continuity of law over frequent overruling of long-held precedent.


- No single approach alone provides answers; a blend of tools applied judiciously yields most enduring and practical interpretations. Textualism risks undermining rule of law.


In summary, the text argues purpose-based interpretation provides a more workable and restrained methodology than rigid adherence to textualism or originalism alone when grappling with complex legal texts.

ISBN:
1230007595424
1230007595424
Category:
Constitutional & administrative law
Format:
Epub (Kobo), Epub (Adobe)
Publication Date:
03-04-2024
Language:
English
Publisher:
GK

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