The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches ...
Prominent constitutional scholar Christopher Wolfe challenges popular opinions by presenting an insightful and well-supported defense of originalist interpretations of the Constitution.
The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of ...
Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but not engaging their opponents....
This essay considers whether the Originalist approach is the only legitimate and appropriate method of constitutional interpretation in the United States today.
The mistake made by the Supreme Court in articulating the Katz rule is a familiar one. The same elusive connection between expectation and entitlement was, in a sense, evident to Jeremy Bentham over two hundred years ...
One of the best-known, most comprehensive and widely read Constitutional Law textbooks published, CONSTITUTIONAL INTERPRETATION is consistently updated to reflect current issues and cases relevant to students. Offering a good...
Importantly, the theory advanced in this book - what Gerber calls "liberal originalism" - is neither consistently "liberal" nor consistently "conservative" in the modern conception of those terms.
In Lemke v. Farmers Grain Co.69 the Court denied the application of a North Dakota minimum price law to the sale of grain by North Dakota farmers for delivery to North Dakota grain elevators, calling the purchase interstate because the ...
Selected Theories of Constitutional Interpretation