Conclusion: Judicial philosophies and political ideologies. The rise and fall of natural law : the controversy surrounding incorporation doctrine, and the right to a trial by jury -- The debate over unenumerated constitutional rights : the Ninth Amendment, substantive due process, and the right to not be executed if innocent -- The role of history in constitutional interpretation : the First Amendment and unprotected speech -- The rationality of history and tradition : the equal protection clause and the right to same-sex marriage -- Classic originalism : the Second Amendment, 18th century dictionaries, and semiautomatic glocks -- New originalism and moral truths : the cruel and unusual punishment clause, and ear cropping for overnight parking -- Statutory interpretation, deviations from clear statutory texts, and correction of legislative mistakes : exempting atheists from the foxholes -- Textualism v. purposivism : the Fourth Amendment and the constitutionality of pretextual arrests -- Textualism, purposivism, and pragmatism : judicial legislation and the politicization of judicial election campaigns -- Conclusion: Judicial philosophies and political ideologies.
Summary:
"The U.S. Constitution contains a series of rights and liberties operating as restrictions on the powers of government, and courts have the final authority to determine what these often nebulous restrictions require. But judges are deeply divided over the correct methodology to follow in making these determinations: different judges employ different judicial philosophies, and may consequently reach different constitutional results. Understanding these methodological disagreements is therefore crucial for anyone wishing to attain a full understanding of our constitutional law, or to appraise the legitimacy of our institutional arrangements (especially that of judicial review). In [this book] Ofer Raban provides an engaging examination of the interpretive theories judges use to reach their verdicts. Using key case histories as illustration, Raban illuminates the rationales and assumptions behind competing judicial philosophies that have far-reaching implications for the rights of American citizens"--Provided by the publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.