How to Interpret the Constitution
Ogo 2023 · Princeton University Press
e-Buku
208
Halaman
family_home
Layak
info
reportRating dan ulasan tidak disahkan Ketahui Lebih Lanjut
Perihal e-buku ini
From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted
The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason.
But some Supreme Court justices are committed to “originalism,” arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself.
Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.
The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason.
But some Supreme Court justices are committed to “originalism,” arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself.
Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.
Perihal pengarang
Cass R. Sunstein is the Robert Walmsley University Professor at Harvard University and the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. He is the recipient of Norway’s Holberg Prize, which is sometimes described as the equivalent of the Nobel Prize for law and the humanities. His many books include the New York Times bestseller Nudge (with Richard H. Thaler), On Freedom (Princeton), and #Republic (Princeton).
Berikan rating untuk e-Buku ini
Beritahu kami pendapat anda.
Maklumat pembacaan
Telefon pintar dan tablet
Pasang apl Google Play Books untuk Android dan iPad/iPhone. Apl ini menyegerak secara automatik dengan akaun anda dan membenarkan anda membaca di dalam atau luar talian, walau di mana jua anda berada.
Komputer riba dan komputer
Anda boleh mendengar buku audio yang dibeli di Google Play menggunakan penyemak imbas web komputer anda.
eReader dan peranti lain
Untuk membaca pada peranti e-dakwat seperti Kobo eReaders, anda perlu memuat turun fail dan memindahkan fail itu ke peranti anda. Sila ikut arahan Pusat Bantuan yang terperinci untuk memindahkan fail ke e-Pembaca yang disokong.
