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Your search for: Originalism OR "original intent" OR "original understanding" OR originalists

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Found 6,250 results:

Books: 3,124

Journal Articles: 2,042

Magazine Articles: 689

Newspaper Articles: 392

Encyclopedia Articles: 3

Research Topics on: Originalism OR "original intent" OR "original understanding" OR originalists

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Originalism

Books on: Originalism OR "original intent" OR "original understanding" OR originalists

3,124 results - MORE BOOK RESULTS: 1-10 11-20 21-30 31-40 41-50 >>

1.

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Religion and the Continental Congress, 1774-1789: Contributions to Original Intent

Book by Derek H. Davis; Oxford University Press, 2000

Subjects:

Church And State--United States--History, Constitutional History--United States, Freedom Of Religion--United States--History, United States--Continental Congress

Collections: Religious Studies, Entire Library

...comprehensive work on "original intent" is Jack N. Rakove...Jefferson Powell, "The Original Understanding of Original Intent", Harvard Law Review...quoted in Powell, "The Original Understanding", 916. 9. U.S...
2.

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Negotiating the Constitution: The Earliest Debates over Original Intent

Book by Joseph M. Lynch; Cornell University Press, 1999

Subjects:

Constitutional History--United States, United States--Constitutional Convention--(1787)

Collections: Entire Library

...Jefferson Powell, The Original Understanding of Original Intent, 98 HARV. L. REV...concludes that the original understanding of those who considered...but thinks that the original understanding of the period did...
3.

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For the Defense of Themselves and the State: The Original Intent and Judicial Interpretation of the Right to Keep and Bear Arms

Book by Clayton E. Cramer; Praeger Publishers, 1994

Subjects:

Firearms--Law And Legislation--United States--History, United States--Constitution--2nd Amendment--Interpretation And Construction

Collections: Entire Library

...defensive purposes. The evidence on original intent is so overwhelmingly clear, that...interpret the Constitution based on original intent, the history of judicial interpretation...the courts have not always held original intent as the primary determinant of constitutionality...
4.

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Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Book by Larry Yackle; University of Chicago Press, 2007

Subjects:

Civil Rights--United States, Constitutional Law--United States, Police Power--United States, United States--Supreme Court

Collections: Entire Library

...limits, 85; and natural rights, 59; and originalism, 40 41; and textualism, 26 27, 32 34...in Lawrence v. Texas , 111, 229n163 originalism (originalists/original understanding), 7, 27, 29, 40 51, 84, 89, 92...
5.

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American Constitutionalism: From Theory to Politics

Book by Stephen M. Griffin; Princeton University Press, 1996

Subjects:

Constitutional Law--Philosophy, Constitutional Law--United States, United States--Politics And Government

Collections: History, Philosophy, Entire Library

...this poses a problem for originalism, originalists often answer by describing a form of originalism that is specific enough...intent of the Framers. Originalists can describe a specific form of originalism, but the issue is whether...

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Journal Articles on: Originalism OR "original intent" OR "original understanding" OR originalists

2,042 results - MORE JOURNAL RESULTS: 1-10 11-20 21-30 31-40 41-50 >>

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The American Constitution and the Debate over Originalism

Journal article by Keith E. Whittington; Constitutional Commentary, Vol. 22, 2005

Subjects:

Books--Book reviews, The American Constitution and the Debate over Originalism (Book)--Book reviews

Collections: Entire Library

...Debate over Originalism are a convenient...lines between originalists and their...development of originalism itself. Gregory Basshams Original Intent and the Constitution...text," originalism requires...future is the original understanding of the constitutional...hearts, originalists do not trust...
2.

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Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry

Journal article by Jack Rakove; Journal of Southern History, Vol. 75, 2009

Subjects:

Books--Book reviews, Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry (Nonfiction work)--Book reviews

Collections: History, Entire Library

Originalism, Federalism...Jack Rakove Originalism, Federalism...part of "the original understanding of the Constitution...essentialist, original understanding of federalism...For Purcell originalism per se is...
3.

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Why Conservatives Shouldn't Be Originalists

Journal article by David A. Strauss; Harvard Journal of Law & Public Policy, Vol. 31, 2008

Subjects:

Conservatism--Laws, regulations and rules, Constitutional interpretation--Evaluation, Constitutional law--Evaluation, Constitutional law--Interpretation and construction, Original intent (Law)--Laws, regulations and rules, Precedents (Law)--Laws, regulations and rules

Collections: Entire Library

...and the original understanding actually does...discover the original understanding, did not...recovering that original understanding. This really should give originalists pause. Everyone...argument that originalism is unacceptable...
4.

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Living Originalism

Journal article by Thomas B. Colby, Peter J. Smith; Duke Law Journal, Vol. 59, 2009

Subjects:

Constitutional interpretation--Methods, Constitutional law--Interpretation and construction, Constitutional law--Methods, Original intent (Law)--History

Collections: Entire Library

...theory of original intent or original understanding." (71...the term "originalism," it is...theory of "original intent." (72...many other originalists use the term "originalism," it is...theory of "original understanding." (73...
5.

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Biblical Literalism and Constitutional Originalism

Journal article by Peter J. Smith, Robert W. Tuttle; Notre Dame Law Review, Vol. 86, 2011

Subjects:

Bible and literature--Interpretation and construction, Bible as literature--Interpretation and construction, Biblical literature--Interpretation and construction, Constitutional interpretation--Evaluation, Constitutional law--Evaluation, Constitutional law--Interpretation and construction, Original intent (Law)--Laws, regulations and rules

Collections: Literature, Entire Library

...supra note 74, at 364 (defending original-intent originalism). See generally Colby Smith, supra...describing the differences among original-intent originalism, original-understanding originalism, original-expected...

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Magazine Articles on: Originalism OR "original intent" OR "original understanding" OR originalists

689 results - MORE MAGAZINE RESULTS: 1-10 11-20 21-30 31-40 41-50 >>

1.

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The Fourth Amendment and Faulty Originalism

Magazine article by Joseph R. Stromberg; Freeman, Vol. 60, September 2010

Subjects:

Arrests, Civil liberties, Concrete, Constitutional law, Privacy, Right of privacy, Warrants

Collections: Entire Library

The Fourth Amendment and Faulty Originalism by Joseph R. Stromberg "All arrests...hated. Legal History vs. Politicized Originalism In constructing the above account...assessed conservative constitutional "originalism," which he finds harmful. For Davies...
2.

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Meese's 'Original Intent;' a Constitutional Shell Game

Magazine article by Herman Schwartz; The Nation, Vol. 241, December 7, 1985

Subjects:

Civil rights--Protection and preservation, Constitutional amendments--Interpretation and construction, Constitutional interpretation, Constitutional law--Interpretation and construction, Equal protection--Public opinion, Equality before the law--Public opinion, Meese, Edwin--Beliefs, opinions and attitudes, United States Constitution. 1st-10th Amendments, United States. Constitution. 14th Amendment, United States. Department of Justice--Officials and employees, constitutional amendments--Interpretation and construction

Collections: Entire Library

Meeses Original Intent; a Constitutional Shell Game...conclusions." Insistence on the "original intent" is politically astute: a certain...character." The insistence on original intent also conceals a class bias. In...
3.

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A Bold Remedy to a Grave Threat: Because the 14th Amendment's Original Intent Has Been Ignored and the Amendment Has Been Used to Grant Citizenship to the Children of Illegal Immigrants, Congress Needs to Clarify the Meaning of the Amendment's Language

Magazine article by George Detweiler; The New American, Vol. 21, October 31, 2005

Subjects:

Emigration and immigration law, Illegal immigrants--Laws, regulations and rules, Illegal immigrants--Social aspects, Immigrant children--Laws, regulations and rules, Immigrant children--Social aspects, Immigration law

Collections: Entire Library

...Bold Remedy to a Grave Threat: Because the 14th Amendments Original Intent Has Been Ignored and the Amendment Has Been Used to Grant...decades. Consequently, in defiance of common sense and original intent, any of the between 10 and 20 million illegal immigrants...
4.

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Original Intent

Magazine article by Susan Jacoby; Mother Jones, Vol. 30, December 2005

Subjects:

American history, Church & state, Constitutional law, Constitutions, God

Collections: History, Entire Library

Original Intent by Susan Jacoby WHEN THE SUPREME COURT, in one of its most important decisions of 2005, ordered two Kentucky counties to dismantle...
5.

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Original Intent

Magazine article by Sarah Braasch; The Humanist, Vol. 69, September 2009

Subjects:

Genealogy--Social aspects, Humanism--Analysis, Puritans--Social aspects

Collections: Entire Library

Original Intent. by Sarah Braasch MY TENTH GREAT GRANDFATHER, or something like that, Thomas Joy, was an early settler of the Massachusetts...

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Newspaper Articles on: Originalism OR "original intent" OR "original understanding" OR originalists

392 results - MORE NEWSPAPER RESULTS: 1-10 11-20 21-30 31-40 41-50 >>

1.

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Supreme 'Originalism'

Newspaper article; The Washington Times, November 16, 2007

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...practitioners of originalism on the court...business. If originalists are out to implement...committed to originalism may sometimes...phrases and the original understanding of our Founders...editorial writers. "Originalism: A Quarter...dominated by originalists, both liberal...
2.

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Don't Hold Your Breath for a 28th Amendment; Little Will on Hill to Alter Constitution

Newspaper article by Stephen Dian; The Washington Times (Washington, DC), November 14, 2011

Subjects:

Budget--Laws, regulations and rules, Budget--Political aspects, Constitutional amendments--Political aspects, Constitutional law--Interpretation and construction, Constitutional law--Political aspects, Federal budget (United States)--Laws, regulations and rules, Federal budget (United States)--Political aspects, National debt--Laws, regulations and rules, National debt--Political aspects, Original intent (Law)--Interpretation and construction, Public debts--Laws, regulations and rules, Public debts--Political aspects, United States Constitution

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...deal, but they are working against the amendment, saying that balancing the budget now would be economically disastrous. Original intent The framers of the Constitution, realizing that they would not get everything right, intended for there to be amendments...
3.

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Action Is Real Test in Constitution Debate

Newspaper article; Daily Herald (Arlington Heights, IL), January 11, 2011

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...spiritual progeny of the "originalism" movement in jurisprudence. Judicial "originalists" (led by Antonin Scalia...their contemporaries. Originalism has grown to become the...principles accordingly. What originalism is to jurisprudence...
4.

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The Original, Living Constitution?

Newspaper article; The Washington Times (Washington, DC), February 14, 2012

Subjects:

Constitutional law

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...strike his fellow originalists as bizarre. For...right. Living Originalism reveals the source...them. Living Originalism is unlikely to...conservatives and standard originalists to Mr. Balkins...originalists became originalists because they wanted...a new form of originalism that accepts them...
5.

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Ban on Birthright Citizenship Unconstitutional; Principles That Conservatives Revere Threatened by Proposed Legal Change

Newspaper article; The Washington Times (Washington, DC), April 11, 2011

Subjects:

Citizenship, Emigration and immigration

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...conservatives: textualism, originalism and American exceptionalism...But most conservatives are originalists who abhor notions of an evolving...the times. According to originalists, the rule articulated in...these values of textualism, originalism and American exceptionalism...

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Encyclopedia Articles on: Originalism OR "original intent" OR "original understanding" OR originalists

3 results

1.

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Meese, Edwin, 3d

Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2009

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...Attorney General (1985 88). As Attorney General he strongly criticized liberal Supreme Court rulings for straying from the "original intent" of the founders. Questions concerning his finances and his handling of the Iran-contra affair led to his resignation...
2.

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Dworkin, Ronald

Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2009

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...constitutional questions, Dworkin criticized as unworkable Robert Bork s notion of basing contemporary jurisprudence on the "original intent" of the authors of the constitution. His other works include A Matter of Principle (1985), Laws Empire (1986), Lifes...
3.

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Breyer, Stephen Gerald

Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2009

Collections: Religious Studies, Education, Psychology, History, Literature, Philosophy, Entire Library

...themselves effectively while protecting individual liberties, and that a judicial approach that seeks to be faithful to the original intent of the constitution by focusing on its words alone risks being unfaithful to the documents purpose...

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