Ourselves and Our Posterity : Essays in Constitutional Originalism
Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.
- Hardback | 324 pages
- 157.48 x 231.14 x 30.48mm | 612.35g
- 16 May 2009
- Lexington Books
- Lanham, MD, United States
Table of contents
Chapter 1 Introduction Part 2 Part I. Matters of Interpretation Chapter 3 Chapter 1. Original Meaning and Responsible Citizenship Chapter 4 Chapter 2. "Common-Sense Constitutionalism": Why Constitutional Structure Matters for Justice Scalia Part 5 Part II. Originalism and the Judicial Role Chapter 6 Chapter 3. Judicial Usurpation: Perennial Temptation, Contemporary Challenge Chapter 7 Chapter 4. Authority Doctrines and the Proper Judicial Role: Judicial Supremacy, Stare Decisis, and the Concept of Judicial Constitutional Violations Chapter 8 Chapter 5. Freedom Questions, Political Questions: Republicanism and the Myth of a "Bill of Rights" Part 9 Part III. Law and Politics Chapter 10 Chapter 6. Confirmations in Times Turned Mean: A Strategy for the Hearings Chapter 11 Chapter 7. The Supreme Court and Changing Social Mores Part 12 Part IV. Originalism and Political Thought Chapter 13 Chapter 8. Scientism, Human Nature, and Modern Constitutional Theory Chapter 14 Chapter 9. A Constitution to Die For? Congressional Authority to Raise an Army Chapter 15 Chapter 10. Neoconservatives and the Courts: The Public Interest, 1965-1980
At a time of unprecedented governmental activity, where the Constitution seems not even to be an afterthought in our national policy debates, the contribution of a book such as Ourselves and Our Posterity couldn't be more important. For if we are to recover any sense of limited government, dedicated to the securing of our natural liberty, such a recovery must begin with reacquainting ourselves with the Constitution and its moral foundations. In assembling some of the finest of America's constitutional scholars, Bradley C. S. Watson's volume is up to the task. These essays will serve as an excellent resource for students, scholars, and citizens who wish to return the Constitution's principles to their rightful place in our national life. -- Ronald J. Pestritto, Hillsdale College Interesting and thought-provoking...Bradley C.S. Watson has assembled a delightful collection of papers on the theory and practice of constitutional interpretation...It could serve both as an introduction and as a valuable contribution to the ongoing discussion about originalism. Grove City College Journal Of Law and Public Policy
About Bradley C. S. Watson
Bradley C. S. Watson holds the Philip M. McKenna Chair in American and Western Political Thought at Saint Vincent College and is author or editor of many books, including Civic Education and Culture, Civil Rights and the Paradox of Liberal Democracy, The West at War, and Living Constitution, Dying Faith: Progressivism and the New Science of Jurisprudence.