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Original Intent and the Framers' Constitution

Leonard W. Levy

For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
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  • Author
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  • Reviews
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Ivan R. Dee
Pages: 543 • Trim: 7 x 9
978-1-56663-312-3 • Paperback • August 2000 • $27.50 • (£19.99)
978-1-4617-3028-6 • eBook • August 2000 • $26.00 • (£19.99)
Subjects: History / United States / 19th Century, Law / Constitutional, History / General
Leonard W. Levy, whose Origins of the Fifth Amendment won the Pulitzer Prize in history, is formerly Earl Warren Professor of Constitutional History at Brandeis University and Andrew W. Mellon All-Claremont Professor of Humanities and History at the Claremont Graduate School. His other writings, many of which have also won awards, include Jefferson and Civil Liberties. He lives in Ashland, Oregon.
Merciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book.
— Anthony Lewis, former New York Times columnist; The New York Times


Leonard Levy's masterful analysis of the doctrine of original intent combines meticulous scholarship with glorious demolition.
— Arthur M. Schlesinger Jr.


Myths are hard to kill, but if reason and reasonableness can ever persuade, Professor Levy's book should convert those who still cling to the naive jurisprudence of 'original intent.'
— Eugene V. Rostow


Why "original intent" fails as a constitutional argument

Original Intent and the Framers' Constitution

Cover Image
Paperback
eBook
Summary
Summary
  • For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.
Details
Details
  • Ivan R. Dee
    Pages: 543 • Trim: 7 x 9
    978-1-56663-312-3 • Paperback • August 2000 • $27.50 • (£19.99)
    978-1-4617-3028-6 • eBook • August 2000 • $26.00 • (£19.99)
    Subjects: History / United States / 19th Century, Law / Constitutional, History / General
Author
Author
  • Leonard W. Levy, whose Origins of the Fifth Amendment won the Pulitzer Prize in history, is formerly Earl Warren Professor of Constitutional History at Brandeis University and Andrew W. Mellon All-Claremont Professor of Humanities and History at the Claremont Graduate School. His other writings, many of which have also won awards, include Jefferson and Civil Liberties. He lives in Ashland, Oregon.
Reviews
Reviews
  • Merciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book.
    — Anthony Lewis, former New York Times columnist; The New York Times


    Leonard Levy's masterful analysis of the doctrine of original intent combines meticulous scholarship with glorious demolition.
    — Arthur M. Schlesinger Jr.


    Myths are hard to kill, but if reason and reasonableness can ever persuade, Professor Levy's book should convert those who still cling to the naive jurisprudence of 'original intent.'
    — Eugene V. Rostow


Features
Features
  • Why "original intent" fails as a constitutional argument

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