Non-Fiction Books:

Against Constitutional Originalism

A Historical Critique
Click to share your rating 0 ratings (0.0/5.0 average) Thanks for your vote!
  • Against Constitutional Originalism on Hardback by Jonathan Gienapp
  • Against Constitutional Originalism on Hardback by Jonathan Gienapp
$100.99 was $104.99 save $4.00
Releases

Pre-order to reserve stock from our first shipment. Your credit card will not be charged until your order is ready to ship.

Available for pre-order now

Buy Now, Pay Later with:

4 payments of $25.25 with Afterpay Learn more

Pre-order Price Guarantee

If you pre-order an item and the price drops before the release date, you'll pay the lowest price. This happens automatically when you pre-order and pay by credit card.

If paying by PayPal, Afterpay, Zip or internet banking, and the price drops after you have paid, you can ask for the difference to be refunded.

If Mighty Ape's price changes before release, you'll pay the lowest price.

Availability

This product will be released on

Delivering to:

It should arrive:

  • 12-19 November using International Courier

Description

A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority   Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists’ use and abuse of history has never been more urgent.   In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists’ unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution’s meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.

Author Biography:

Jonathan Gienapp is associate professor of history and law at Stanford University. He has published widely on the Constitution in American life and is the author of the prizewinning The Second Creation: Fixing the American Constitution in the Founding Era.
Release date Australia
November 5th, 2024
Audience
  • General (US: Trade)
Pages
368
ISBN-13
9780300265859
Product ID
38722647

Customer previews

Nobody has previewed this product yet. You could be the first!

Write a Preview

Help & options

Filed under...