Constitutional Interpretation

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Author: Walter F. Murphy
Published: September 2003
Publisher: Foundation Press, Incorporated
ISBN: 1566629691
Hardcover Book
Number of Pages: 1400

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Constitutional Interpretation

American Constitutional Interpretation uses original essays, cases and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity.The volume is organized around a set of basic interrogatives: what is the constitution that is to be interpreted? Who are its authoritative interpreters? How do they go about their interpretive tasks? New edition (first was 1986) of a casebook for a one- or two-semester course, containing readings which confront the core problems of constitutional interpretation. The volume is organized around a set of basic interrogatives: what is the constitution that is to be interpreted; who are its authoritative interpreters; and how do (and should) they go about their interpretive tasks? The focus isn't exclusively on legal doctrine, but on how constitutional interpretation connects with both political theory and public policy.

Table of ContentsDedicationPreface Chapter Interpreting A Constitution Constitutional Literacy Part I The Context Of Constitutional Interpretation The Theoretical Context Of Constitutional Interpretation The Political And Institutional Contexts Of Constitutional Interpretation Part II What Is The Constitution? What Is The Constitution? Problems Of Inclusion What Is The Constitution? Problems Of Continuity And Change Part III Who May Authoritatively Interpret The Constitution? Who May Authoritatively Interpret The Constitution For The National Government? Who May Authoritatively Interpret The Constitution For The Federal System? Part IV How To Interpret The Constitution Section A: General Problems How To Interpret The Constitution: An Overview Section B: Structuralism Separation And Sharing Of Powers: The Structure Of The National Government Sharing Powers: The Structure Of Federalism Section C: Reinforcing Representative Democracy: Keeping Political Processes Open Freedom Of Political Communication Political Participation Section D: Treating Equals Equally The Problems Of Equal Protection: Suspect Classifications The Problems Of Equal Protection: Somewhat Suspicious Classifications And Fundamental Rights Section E: Maintaining Constitutional Democracy: Protecting Fundamental Rights The Right To Property: To Individual Autonomy And Back Autonomy, Religious Freedom, And The Elusive Quest For Governmental Neutrality Toward Religion Individual Autonomy: Personal Liberty, Privacy, And Personhood Part V Constitutional Democracy In The Crucible Of Crisis Constitutional Interpretation And Emergency Powers Epilogue General Introduction Appendices When May A Litigant Invoke The Constitution? Table Of U.S. Supreme Court Justices The Constitution Of The United States Of America Table Of Cases Index

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