A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before (BOK)

Cass R. Sunstein

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The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In "A Constitution of Many Minds", acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution - traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and, cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a 'many minds' argument is at work - put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Produktfakta

Språk Engelsk Engelsk Innbinding Innbundet
Utgitt 2009 Forfatter Cass R. Sunstein
Forlag
University Press Group Ltd
ISBN 9780691133379
Antall sider 240 Dimensjoner 15,2cm x 22,9cm x 2,5cm
Vekt 485 gram Leverandør Bertram Trading Ltd
Emner og form Constitution: government & the state, Judicial review