Original Intent and the Framers' Constitution

For than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation The controversy has flared anew in our own time as a facet of the battle between conservatives and libeFor than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals In Original Intent and the Framers Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling Rejecting the views of both left and right, he evaluates the doctrine of original intent by examining the sources of constitutional law and landmark cases Finally, he finds no evidence for grounding the law in original intent Judicial activism the constant reinterpretation of the Constitution he sees as inevitable.
Original Intent and the Framers Constitution For than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living

  • Title: Original Intent and the Framers' Constitution
  • Author: Leonard W. Levy
  • ISBN: 9781566633123
  • Page: 317
  • Format: Paperback
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      Posted by:Leonard W. Levy
      Published :2018-06-07T22:59:00+00:00

    About the Author

    Leonard W. Levy

    Leonard W Levy April 9, 1923 August 24, 2006 was the Andrew W Mellon All Claremont Professor of Humanities and Chairman of the Graduate Faculty of History at Claremont Graduate School, California He was born in Toronto, Ontario, Canada, and educated at Columbia University, where his mentor for the Ph.D degree was Henry Steele Commager.Levy s most honored book was his 1968 study Origins of the Fifth Amendment, focusing on the history of the privilege against self incrimination This book was awarded the 1969 Pulitzer Prize for History He wrote almost forty other books.In 1990, Levy was appointed a Distinguished Scholar in Residence Adjunct Professor of History and Political Science at Southern Oregon State College in Ashland, Oregon.

    145 Comment

    • Eric_W said:
      Sep 24, 2018 - 22:59 PM

      Conservatives,ยท those great architects of negative advertising, enormous deficits, and a bankrupt foreign policy, have also created another profoundly absurd issue: that of Original Intent. "We need to return to the Constitution of the Founding Fathers," they cry, "down with judicial activism," (totally ignoring the 40 some years when a very conservative Supreme Court at the turn of the century moved in a very activist manner.) Leonard Levy, a leading constitutional historian, has mercilessly e [...]

    • Michael Powe said:
      Sep 24, 2018 - 22:59 PM

      A tough read. This book is an excellent resource for research and study. It is not an introductory text. Readers without a good background in period history will likely find it a plow. I recommend it for the accumulation of detail on the subject. In the past, I've found myself disagreeing with some of Levy's conclusions, but he absolutely bases his theses on facts and gives the reader every opportunity to review those facts.

    • Ben said:
      Sep 24, 2018 - 22:59 PM

      Good rebuttal of the doctrine of original intent.

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