No CrossRef data available.
Article contents
Book Review - David A. Strauss' The Living Constitution (2010)
Published online by Cambridge University Press: 06 March 2019
Abstract
Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.
David Strauss' The Living Constitution addresses the issues of constitutional interpretation and judicial activism in the United States. The book supports the practice of Living Constitutionalism and attempts to demonstrate its advantages over Originalism. It presents general arguments as well as accounts of landmark decisions in order to demonstrate the superiority of Living Constitutionalism. The Living Constitution also argues for common law as the all-but-exclusive method for constitutional change in the modern United States. Overall, the book presents a well-organized and concise case for Living Constitutionalism.
- Type
- Developments
- Information
- Copyright
- Copyright © 2011 by German Law Journal GbR
References
1 The Living Constitution (2010). David A. Strauss is the Gerald Ratner Distinguished Professor of Law at the University of Chicago. He served as Special Counsel to the United States Senate Judiciary Committee and as Assistant Solicitor General of the United States.Google Scholar
2 Strauss, David, Why Conservatives Shouldn't Be Originalists, 31 Harv. J. L. & Pub Pol'y 969 (2008).Google Scholar
3 Id. at 975.Google Scholar
4 Strauss, David, The Irrelevance of Constitutional Amendments, 114 Harv. L. Rev. 1457 (2000-2001).Google Scholar
5 Id. at 1460-1461.Google Scholar
6 Strauss, , supra note 1, at 12-17.Google Scholar
7 Id. at 18.Google Scholar
8 Id. Google Scholar
9 Id. at 25.Google Scholar
10 Id. at 27-29.Google Scholar
11 Id. at 29.Google Scholar
12 Id. Google Scholar
13 Id. at 31.Google Scholar
14 Id. at 43.Google Scholar
15 Id. Google Scholar
16 Id. at 45.Google Scholar
17 Id. at 41-42.Google Scholar
18 Id. at 52.Google Scholar
19 Id. at 56-62.Google Scholar
20 Id. at 63-76.Google Scholar
21 Id. at 78.Google Scholar
22 Id. Google Scholar
23 Id. at 93.Google Scholar
24 Id. at 94.Google Scholar
25 Id. at 93.Google Scholar
26 Id., at 99.Google Scholar
27 Id. at 102.Google Scholar
28 Id. at 105.Google Scholar
29 Id. at 110-111.Google Scholar
30 See Strauss, , supra note 2, for a more detailed analysis of this topic.Google Scholar
31 Strauss, , supra note 1, at 116-117.Google Scholar
32 Id. at 139.Google Scholar
33 For a more detailed analysis of these schools of thought, see Barber, Sotirios & Fleming, James, Constitutional Interpretation: the Basic Questions (2007). For Dworkin's important contributions to the debate, see Ronald Dworkin, Taking Rights Seriously (1977). See also Ronald Dworkin, Freedom's Law: the Moral Reading of the American Constitution (1996).Google Scholar
34 Strauss, , supra note 1, at 101, 105.CrossRefGoogle Scholar
35 Wolfe, Christopher, How to Read the Constitution 28 (1996).Google Scholar
36 Strauss, , supra note 1, at 113.Google Scholar
37 Wolfe, , supra note 35, at 86.Google Scholar
38 Wolfe, , supra note 35, at 97.Google Scholar
39 For a collection of more complex arguments in defense of Originalism, see e.g. Ourselves and Our Posterity: Essays in Constitutional Originalism (Bradley Watson ed., 2009).Google Scholar
40 Strauss, , supra note 1, at 25-29.Google Scholar
41 Wolfe, , supra note 35, at 22.Google Scholar
42 Wolfe, , supra note 35, at 28.Google Scholar
43 Strauss, , supra note 1, at 18.Google Scholar
44 Id. Google Scholar
45 Meese, Edwin, Interpreting the Constitution, in The US Constitution and the Supreme Court 157 (Steven Anzovin & Janet Podell eds., 1988).Google Scholar
46 Strauss, , supra note 1, at 78.Google Scholar
47 Meese, , supra note 45, at 162.Google Scholar
48 Purcell, Edward, Originalism, Federalism and the American Constitutional Enterprise 17, 69, 190 (2007).Google Scholar
You have
Access