The living Constitution /

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Bibliographic Details
Author / Creator:Strauss, David A., author.
Imprint:Oxford ; New York : Oxford University Press, 2010.
Description:xviii, 150 pages ; 22 cm.
Language:English
Series:Inalienable rights series
Inalienable rights series.
Subject:
Format: E-Resource Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/7934581
Hidden Bibliographic Details
ISBN:9780195377279
0195377273
9780199703692
0199703698
Notes:Includes index.
Includes bibliographical references and index.
Summary:In "The Living Constitution," leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents.
Table of Contents:
  • Introduction : do we want a living constitution?
  • Originalism and its sins
  • The common law
  • Freedom of speech and the living constitution
  • Brown v. Board of Education and innovation in the living constitution (with a note on Roe v. Wade)
  • The role of the written constitution : common ground and Jefferson's problem
  • Constitutional amendments and the living constitution.