[Pdf/ePub] Memory and Authority: The Uses of
Memory and Authority: The Uses of History in Constitutional Interpretation by Jack M. Balkin
- Memory and Authority: The Uses of History in Constitutional Interpretation
- Jack M. Balkin
- Page: 384
- Format: pdf, ePub, mobi, fb2
- ISBN: 9780300272222
- Publisher: Yale University Press
Free pdf downloads ebooks Memory and Authority: The Uses of History in Constitutional Interpretation by Jack M. Balkin in English PDB ePub DJVU
From one of the nation’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court’s current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.
Constitution of the United States—A History
The convention had its specific origins in a proposal offered by Madison and John Tyler in the Virginia assembly that the Continental Congress be given power to
The Uses of History in Constitutional Interpretation (Yale
Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference).
CONSTITUTIONAL MEMORIES
by JM Balkin · 2022 · Cited by 3 —
The Constitution of History and Memory
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(yale Law Library Legal History And Reference) By Jack M
Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct--and erase--memory to
The Uses of History in Constitutional Interpretation (Yale
Jan 17, 2024 —
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