Read A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before by Cass R. Sunstein Online
Read [Cass R. Sunstein Book] * A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before Online * PDF eBook or Kindle ePUB free. A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before Supreme Court hangs in the balance like never before. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that j
Title | : | A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before |
Author | : | |
Rating | : | 4.63 (865 Votes) |
Asin | : | 069115242X |
Format Type | : | paperback |
Number of Pages | : | 240 Pages |
Publish Date | : | 2016-06-04 |
Language | : | English |
Barber, Texas Law Review"Sunstein has a knack for identifying the operative kernel of complex ideas in a way that allows the reader to see how an unfamiliar concept links seemingly disparate problems."--Azuz Huq, New York Law Journal"We would do well to have more thinkers around like Sunstein, and better yet to have more of them on the Supreme Court."--Leonard H. Winner of the 2009 PROSE Award in Law & Legal Studies, Association of American Publishers"Applying insights to the field of constitutional law, the book develops, in elegant and careful prose, a novel collection of arguments within their discipline. Becker, DC Lawyer Magazine. The author has raised a number of fresh and controversial issues, and, as a result, his work is certain to be widely read and much discussed."--N.W
Supreme Court hangs in the balance like never before. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Exploring hot-button iss
Review Guy said The Wisdom of Crowds and Courts. Cass Sunstein publishes new material almost hourly, and I am not always impressed with his output. When he's good (Nudge), he's edgey, supremely confident, and worth a good deal of head-scratching. When he's bad, he can be a partisan suck-up (Radicals in Robes: Why Extreme Right-Wing Courts are Wrong for America). Most of the time, he serves up brilliant ideas, but half-baked. (Infotopia: How Many Minds Produce Knowledge).But this . Constitutional legalism Sunstein looks at Constitutional interpretation from many angles. He's very informative on the judicial nature of Burkean minimalism, originalism, rationalism, consequentialism, and most of all popularism. There's the role of traditionalists and Condorcet's Jury Theorem theorizing that a larger voting population is more likely to get it right. What's missing is how, when and by whom is “right” defined. There is bare all. False premise leads to false conclusion Orangie This was not good. First, the subtitle "Why the Founding Document Doesn't Mean What It Meant Before" suggests that Sunstein puts forth an argument against Originalism. But rather than make that argument, he simply dismisses originalism saying that it "would make the constitutional system worse" and if "taken seriously, originalism would permit race and sex discrimination by the national government, sharply limit protection of speec
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