The Language of Law and the Foundations of American Constitutionalism by Gary L.

Description: The Language of Law and the Foundations of American Constitutionalism by Gary L. McDowell Gary L. McDowell recovers the theoretical grounds of the original Constitution as understood by the Founders, arguing that it was their intention that the judiciary must be bound by the original meaning of the Constitutions language when interpreting it. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be the most sacred rule of interpretation. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitutions original meaning as the foundation of interpretation. The Founders Constitution of fixed and permanent meaning has been replaced by the idea of a living or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it. Author Biography Gary L. McDowell is a Professor in the Jepson School of Leadership Studies at the University of Richmond, where he holds the Tyler Haynes Interdisciplinary Chair of Leadership Studies, Political Science, and Law. He is the author or editor of ten books, including Equity and the Constitution: The Supreme Court, Equitable Relief and Public Policy; Curbing the Courts: The Constitution and the Limits of Judicial Power; Justice vs. Law: Courts and Politics in American Society (with Eugene W. Hickok, Jr.); and Friends of the Constitution: Writings of the Other Federalists (edited with Colleen Sheehan). In addition to his teaching appointments, he has served as the Director of the Office of the Bicentennial of the Constitution at the National Endowment for the Humanities, Associate Director of Public Affairs at the United States Department of Justice and chief speechwriter to United States Attorney General Edwin Meese III, and Director of the Institute of United States Studies in the University of London. Table of Contents Introduction: the politics of original intention; 1. The Constitution and the scholarly tradition: recovering the Founders Constitution; 2. Nature and the language of law: Thomas Hobbes and the foundations of modern constitutionalism; 3. Language, law, and liberty: John Locke and the structures of modern constitutionalism; 4. The limits of natural law: modern constitutionalism and the science of interpretation; 5. The greatest improvement on political institutions: natural rights, written constitutions and the intention of the people; 6. Chains of the Constitution: Thomas Jefferson, James Madison and the political metaphysics of strict construction; 7. The most sacred rule of interpretation: John Marshall, originalism, and the limits of judicial power; 8. The same yesterday, to-day, and forever: Joseph Story and the permanence of constitutional meaning; Epilogue: the moral foundations of originalism. Review The Language of Law is a vital and especially erudite contribution … The New Criterion… an outstanding work of scholarship, ably synthesizing and analyzing a considerable body of material and bringing out its contemporary relevance. Society Promotional Argues that the Founders intended the Constitution to be interpreted according to the texts meaning and its framers original intentions. Review Quote "With The Language of Law and the Foundations of American Constitutionalism, Gary L. McDowell provides what will probably stand for some time as the most thorough historical account in defense of the originalist approach to the Constitution, exemplified by Antonin Scalia and Robert Bork. In elegant and often-insightful fashion, McDowell surveys the key Enlightenment thinkers who influenced the American Founders, then considers the way those who created and first applied the Constitution thought it should be interpreted." - Martin S. Flaherty, The Journal of American History Promotional "Headline" Argues that the Founders intended the Constitution to be interpreted according to the texts meaning and its framers original intentions. Description for Bookstore Gary L. McDowell recovers the theoretical grounds of the original Constitution as understood by the Founders, arguing that it was their intention that the judiciary must be bound by the original meaning of the Constitutions language when interpreting it. Description for Library Gary L. McDowell recovers the theoretical grounds of the original Constitution as understood by the Founders, arguing that it was their intention that the judiciary must be bound by the original meaning of the Constitutions language when interpreting it. Details ISBN0521192897 Author Gary L. McDowell Publisher Cambridge University Press Year 2010 ISBN-10 0521192897 ISBN-13 9780521192897 Format Hardcover Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom DEWEY 342.73029 Language English Media Book Publication Date 2010-06-28 Pages 428 Short Title LANGUAGE OF LAW & THE FOUNDATI Residence ENK Birth 1949 Affiliation University of Richmond UK Release Date 2010-06-28 AU Release Date 2010-06-28 NZ Release Date 2010-06-28 Alternative 9780511761508 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. 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