Keeping Faith with the Constitution (Inalienable Rights) 1st Edition

by Goodwin Liu (Author), Pamela S. Karlan (Author), Christopher H. Schroeder (Author)

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ISBN-13: 978-0199738779

ISBN-10: 0199738777

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it.

In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances.

The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

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Editorial Reviews

Review

"Keeping Faith with the Constitution is a splendid addition to the growing body of serious writing on the elusive art of constitutional interpretation. While meticulously referenced for judges and academics to use, it is easily understood and thought-provoking for laypeople concerned about the meaning of our Constitution and the accountability of our judicial system. It sets out a sensible and appealing way of judging our judges."--Judge Patricia Wald, former Chief Judge, U.S. Court of Appeals for the D.C. Circuit

"We have a Constitution that is more than 220 years old but still meaningful in our lives today. This extraordinary reality is explained with rare insight in Keeping Faith with the Constitution. It depends, the authors rightly say, on judges being faithful to the principles of the Constitution while applying it to meet ever different problems. The book is at the same time understandable, sophisticated, and rich in examples."--Anthony Lewis, Former New York Times columnist and Supreme Court correspondent, and author of Gideon's Trumpet and Freedom for the Thought That We Hate: A Biography of the First Amendment

"This is a stellar book. It provides historical and contemporary illustrations of evolving rules and enduring principles with equal skill and, perhaps most important, is remarkably accessible to lay readers without sacrificing sophistication. Highly recommended." --Choice

"Keeping Faith is a good companion for any inquisitive citizen--even a curious lawyer--who is looking to explore (or re-explore) the crucial framework within which great constitutional decisions are made." --Bo Links, California Lawyer

"Keeping Faith provides a clearly written, succint, and compelling analysis of the historical trajectory of American constitutional interpretation. It develops a panoramic view of jurisprudence that effectively ties together a wide variety of complex cases and decisions into a coherent whole." --Philip Shadd, Queen's University

About the Author

Goodwin Liu is Associate Dean and Professor of Law at University of California, Berkeley.

Pamela S. Karlan is Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford University.

Christopher H. Schroeder is Charles S. Murphy Professor of Law and Professor of Public Policy Studies at Duke University.

Product details

Publisher : Oxford University Press; 1st edition (August 13, 2010)
Language : English
Hardcover : 272 pages
ISBN-10 : 0199738777
ISBN-13 : 978-0199738779
Item Weight : 14.7 ounces
Dimensions : 8.5 x 0.8 x 5.75 inches

Best Sellers Rank: #1,228,294 in Books (See Top 100 in Books)
- #889 in Constitutional Law (Books)
- #969 in Constitutions (Books)
- #1,595 in Legal History (Books)

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William A. Barrett

How to read and understand our Constitution at work

Reviewed in the United States on December 27, 2014

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A great book for those following Supreme Court hearings. Ms. Karlan has laid out a half dozen issues settled by the Court. In the process, she explains carefully and patiently why those insisting on an "original reading" of the Constitution's language are just wrong. The Constitution was carefully written to permit our republic lots of flexibility in adjusting to new challenges that the founders could not possibly foresee. Its language is sparse, and intended to lay out general humanitarian principles, not specific positions to be taken in the future for all time.

Yet the Supreme Court has responded to the challenge of the industrial revolution, computer age, new technologies, vastly new medical discoveries.
Not everyone agrees with the Court's decisions in Roe v. Wade, or Citizen's United v. FEC, for example. But they are reasonably consistent with prior decisions. It's up to the Congress and the people to correct the court should certain decisions are considered by enough people to be unreasonable - and the Constitution provides a mechanism for doing just that.

One person found this helpful

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Mall of America Gift Card Customer

Good book, but not the best for convincing a skeptic

Reviewed in the United States on November 8, 2013

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A very good explanation of the view that the Constitution is and has always been intended to be interpreted as a document that should be viewed in light of current circumstances as well as the ones in 1789. It loses a star for two reasons. First, it has a tendency to presume that the reader already agrees with the author making it often read as though it is preaching to the choir. It isn't sufficiently persuasive of skeptics. Second, it focuses too much on policy concerns instead of historical roots and legal precedent. Policy, a tirade on how things should be, feels great to people who already believe, but isn't helpful in convincing people who don't necessarily believe that the policy is correct. Since opponents to this form of interpretation claim history and precedent as their champions, history and precedent must be used to convince them that this is the true path.

3 people found this helpful

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Bronx Book Guy

Good brisk description of the basic progressive view of constitutional interpretation

Reviewed in the United States on July 4, 2015

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Good brisk description of the basic progressive view of constitutional interpretation. A shortened form of this book is available free online.

One person found this helpful

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Amazon Customer

Five Stars

Reviewed in the United States on January 18, 2017

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Positive. Thx

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Loretta-Hallandale

GREAT BOOK FOR BELIEVERS IN A FLEXIBLE CONSTITUTION

Reviewed in the United States on February 14, 2012

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I loved this book but it was sort of like the preacher preaching to the choir.I already knew the subject and knew where I stood.This is a short explanation which ought to be required reading,especially in an election year.Great book,great authors,not for people who don't want to think!!!

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Tucson Yaqui

Constitution Evolves

Reviewed in the United States on October 20, 2011

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Confirmed my understanding from Founding Fathers expert Martin Diamond, 'strict constructionists' are full of it. Keeping Faith With the Constitution

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chris

imporant read

Reviewed in the United States on October 29, 2013

this book shows how important it is how protect our rights. it was a good book to me because without our rights what do we have without rights we are slaves.i think this is a good book to me it made me think of how the rich are using their money to try to strip us of our rights ad that we must do everything we can to stop them

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