ORIGINALISM AND THE GOOD CONSTITUTION
McGinnis, John O.; Rappaport, Michael B.
Language: English
Published by Harvard University Press, Cambridge, Massachusetts, 2013
- First Edition
- Hardcover
- Used
Seller: Second Story Books, ABAA, Rockville, MD, U.S.A.Second Story Books, ABAA
AbeBooks seller since May 29, 1997
Condition: Used
US$ 80.00
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Add to basketItem description from seller
Octavo, 298 pages. In Very Good minus condition, with a Very Good condition dust jacket. Black cloth boards with silver lettering to spine. Mild shelf wear to boards, including bumping to head and tail; slight cocking to spine (front board somewhat shaken, slight shelf lean, binding sturdy); interior pages clean. Dust jacket protected by a mylar covering; spine white with black lettering. Mild shelf wear to dust jacket, including rubbing along hinges. Shelved in Law. 1395595. Shelved Dupont Bookstore.
Seller Inventory # 1395595
- Title
- ORIGINALISM AND THE GOOD CONSTITUTION
- Author
- McGinnis, John O.; Rappaport, Michael B.
- Publisher
- Harvard University Press, Cambridge, Massachusetts
- Publication year
- 2013
- Dust jacket
- Dust Jacket Included
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 0674725077
- ISBN 13
- 9780674725072
- Edition
- First Edition, First Printing.
- Seller catalogs
- Dupont Circle, Philosophy, Politics, Government, and Law
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities―both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number.
The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent?
A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
"Synopsis" may belong to another edition of this title.
About the Author
Michael B. Rappaport is Hugh and Hazel Darling Foundation Professor of Law and Director of the Center for the Study of Constitutional Originalism at the University of San Diego.
"About the title" may belong to another edition of this title.
Second Story Books, ABAA
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