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How to Interpret the Constitution
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How to Interpret the Constitution
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?
How to Interpret the Constitution is essential for readers interested in constitutional law, current U.S. political debates, and judicial impact on civil rights. It suits students, legal professionals, and anyone concerned about the evolving role of the Supreme Court in shaping American society.
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Description
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.
Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?
Praised as an extraordinary work, Sunstein's book guides readers through complex constitutional theories without oversimplifying, while expressing his passionate views respectfully. Jessica T. Mathews of Foreign Affairs calls it an education, and Richard Blaustein of Washington Lawyer highlights its courteous tone amidst divisive debates. Reviews acknowledge the book as a bold and compelling counter to originalist trends shaping the Supreme Court.
Book Details
INFORMATION
ISBN: 9780691252049
Publisher: Princeton University Press
Format: Hardback
Date Published: 15 August 2023
Country: United States
Imprint: Princeton University Press
Audience: Tertiary education, Professional and scholarly
DIMENSIONS
Width: 140.0mm
Height: 216.0mm
Weight: 250g
Pages: 208
About the Author
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).
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