The McDowell, Gary L. creator author. text enk 2010 monographic eng

electronic

1 online resource (428 pages) : digital, PDF file(s). For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it. Gary L. McDowell. Title from publisher's bibliographic system (viewed on 09 Oct 2015). Constitutional law KF4550 .M33 2010 342.73 9780511761508 (ebook) http://dx.doi.org/10.1017/CBO9780511761508 http://dx.doi.org/10.1017/CBO9780511761508 UkCbUP 100506 20180107143412.0 CR9780511761508