Original Intent and the Framers' Constitution

by Leonard W. Levy

Overview

For more than two hundred years a debate has raged between those who believe that jurists should follow the original intentions of the Founding Fathers and those who argue that the Constitution is a living document subject to interpretation by each succeeding generation. The controversy has flared anew in our own time as a facet of the battle between conservatives and liberals. In Original Intent and the Framers' Constitution, the distinguished constitutional scholar Leonard Levy cuts through the Gordian Knot of claim and counterclaim with an argument that is clear, logical, and compelling. Rejecting the views of both left and right, he evaluates the doctrine of "original intent" by examining the sources of constitutional law and landmark cases. Finally, he finds no evidence for grounding the law in original intent. Judicial activism—the constant reinterpretation of the Constitution—he sees as inevitable.

Product Details

ISBN-13:	9781566633123
Publisher:	Dee, Ivan R. Publisher
Publication date:	08/15/2000
Pages:	543
Product dimensions:	6.88(w) x 8.94(h) x 1.59(d)

About the Author

Leonard W. Levy, whose Origins of the Fifth Amendment won the Pulitzer Prize in history, is formerly Earl Warren Professor of Constitutional History at Brandeis University and Andrew W. Mellon All-Claremont Professor of Humanities and History at the Claremont Graduate School. His other writings, many of which have also won awards, include The Palladium of Justice, Blasphemy, The Establishment Clause, Freedom of the Press from Zenger to Jefferson, and Jefferson and Civil Liberties. He lives in Ashland, Oregon.

What People are Saying About This

Arthur M. Schlesinger Jr.

Leonard Levy's masterful analysis of the doctrine of original intent combines meticulous scholarship with glorious demolition.
—

Anthony Lewis

Merciless and brilliant...fascinating detail.... Judges and the rest of us can learn much from this remarkable book.
—New York Times Book Review

Eugene V. Rostow

...If reason and reasonableness can ever persuade, Levy's book should convert those who still cling to the naive jurisprudence of 'original intent

Editorial Reviews

Merciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book.

The New York Times - Anthony Lewis

Myths are hard to kill, but if reason and reasonableness can ever persuade, Professor Levy's book should convert those who still cling to the naive jurisprudence of 'original intent.'

Eugene V. Rostow

Leonard Levy's masterful analysis of the doctrine of original intent combines meticulous scholarship with glorious demolition.

Arthur M. Schlesinger Jr.

Merciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book.
— Anthony Lewis

The New York Times

Merciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book.
— Anthony Lewis

New York Times

Merciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book.
— Anthony Lewis

New York Times Book Review

Debate continues over whether jurists should follow the original intentions of the Founding Fathers when they drafted the Constitution or whether the Constitution is a "living document," subject to interpretation by each generation. Constitutional scholar Levy evaluates the doctrine of "original intent," focusing on the sources of constitutional law and its landmark cases. He finds no evidence for grounding the law in original intent and argues that judicial activism is inevitable. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Booknews

Debates keep raging and struggles re-surfacing over the original intentions of the Founding Fathers when they drafted the constitution. Original Intent And The Framers' Constitution provides an argument by constitutional scholar Levy, who rejects the views of both left and right sides in examining sources of constitutional law and cases supporting original intent. Recommended for college-level political science students. REVIEW%> THE JOBS/CAREERS SHELF