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Originalism: A Quarter-Century of Debate Hardcover – August 21, 2007
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*A foreword by Justice Antonin Scalia and speeches by former attorney general Edwin Meese III, Justice William Brennan, Judge Robert H. Bork, and President Ronald Reagan *Transcripts from panel discussions and debates engaging some of the brightest legal minds of our time in frank, open discussions about the original meaning of the Constitution of the United States and its impact on the rule of law in our country *A debate on the original meaning of the Commerce, Spending, and Necessary and Proper Clauses *Concluding thoughts by Theodore Olson, forty-second solicitor general of the United States and a fellow at both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. ORIGINALISM: A QUARTER-CENTURY OF DEBATE is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.
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Part II has several chapters on various subject matters : unenumerated constitutional rights, pragmatism, precedent, and the Commerce Clause. It also has a debate between Professor Cass Sunstein and Charles Cooper. These chapters provide a window into debates amongst originalists about the Constitution's original meaning. What role should precedent play in an originalist analysis of constitutional meaning? Was the original understanding of the commerce clause far narrower than the test found in contemporary Supreme Court cases? As these later chapters make clear, although originalists often promise certainty as an antidote to judicial lawmaking, the original meaning of constitutional phrases and concepts is the subject of much debate amongst originalists. Though originalists generally agree on methodology, they often will have sharp disagreements about the constitution's original meaning.
The book seems ideal for classroom use, for those looking for an introduction to constitutional originalism, and for those looking for a single volume that covers much (but not all) of the debate about the merits of originalism. While most of the book favors originalism, the book does offer space to its critics as well.
The book begins with an introductory paper by the Federalist Society's founder, Steven Calabresi and provides background for all the articles in the book and some of his own thoughts on Originalism. There is also a very brief forward by Justice Antonin Scalia. The core of the book is a series of speeches and panel discussions on key issues of Originalism that were kicked off decades back when then Attorney General Edwin Meese III gave a speech on the subject before the American Bar Association on July 9, 1985. However, the speech might have drifted into the mists of history but for the countering speech given by Justice William Brennan, Jr. at Georgetown University on October 12, 1985. Ed Meese replied on November 15, 1985 before the Federalist Society.
The rest of Part I provides important speeches on Originalism and the Constitution by Robert Bork, President Ronald Reagan (when swearing in Chief Justice Rehnquist and Justice Antonin Scalia) and another speech by Ed Meese from 1986.
Part II consists of five panel discussions (strangely, without their dates). The first is on "Originalism and Unenumerated Constitutional Rights" with Professor Suzanna Sherry, Professor Walter Dellinger, Professor John Harrison, Professor Lino Graglia, and Judge Michael McConnell. Each participant gives some remarks and then the panel discussion was moderated by Diane Wood.Read more ›
This book is a little deep given that it is about serious legal scholarship but it is worth it.
Most Recent Customer Reviews
A good book to understand Scalia's judicial philosophy. One that I happen to dislikePublished 1 month ago by Bimmer RoadRunner
Very nice picture of a concept of constitutional interpretation.Published 7 months ago by Howard C. Mayberry, Jr.