Graduate studies at Western
Critical Review 16 (4):431-453 (2004)
|Abstract||Abstract In Restoring the Lost Constitution, Randy Barnett defends the idea that judges should interpret the U.S. Constitution according to its original public meaning, for in his view the Constitution, rightly understood, satisfies the appropriate normative criterion for determining when a constitution is legitimate and should be followed. As it turns out, however, even if the Constitution did mean what Barnett says it does, it would not meet his criterion of legitimacy, and therefore should not be followed. Moreover, Barnett is just as guilty of reading certain clauses out of the Constitution as are his critics. Given the lack of a persuasive reason to follow the original Constitution consistently, judges must turn to sources of authority other than the Constitution in deciding constitutional cases.|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Nicholas Aroney (2009). The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution. Cambridge University Press.
Jeffrey Goldsworthy (2009). Constitutional Interpretation: Originalism. Philosophy Compass 4 (4):682-702.
Michael Coenen, The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So.
A. Barandalla & M. Ridge (2011). Function and Self-Constitution: How to Make Something of Yourself Without Being All That You Can Be. A Commentary on Christine Korsgaard's The Constitution of Agency and Self-Constitution. Analysis 71 (2):364-380.
Matthew Simpson (2005). Randy E. Barnett, Restoring the Lost Constitution: The Presumption of Liberty:Restoring the Lost Constitution: The Presumption of Liberty. Ethics 116 (1):214-216.
Joseph Jedwab (2013). A Critique of Baker's Constitution View. Metaphysica 14 (1):47-62.
Robert A. Wilson (2007). A Puzzle About Material Constitution and How to Solve It: Enriching Constitution Views in Metaphysics. Philosophers' Imprint 7 (5):1-20.
Re'em Segev (2013). The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation. Jerusalem Review of Legal Studies.
J. M. Moore (ed.) (1975). Aristotle and Xenophon on Democracy and Oligarchy. University of California Press.
Grégoire C. N. Webber (2011). Originalism's Constitution. In Grant Huscroft & Bradley W. Miller (eds.), The Challenge of Originalism: Essays in Constitutional Theory. Cambridge University Press.
A. Arato (2010). Democratic Constitution-Making and Unfreezing the Turkish Process. Philosophy and Social Criticism 36 (3-4):473-487.
Added to index2011-10-18
Total downloads4 ( #188,971 of 731,079 )
Recent downloads (6 months)1 ( #61,087 of 731,079 )
How can I increase my downloads?