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• catalog abstract "Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life. Importantly, the theory advanced in this book - what Gerber calls "liberal originalism"--Is neither consistently "liberal" nor consistently "conservative" in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, "to secure these rights, governments are instituted among men." In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.".
• catalog alternative "Project Muse UPCC books net".
• catalog contributor b7879088.
• catalog created "c1995.".
• catalog date "1995".
• catalog date "c1995.".
• catalog dateCopyrighted "c1995.".
• catalog description "Foreword / Henry J. Abraham -- 1. The Declaration of Independence. "An Expression of the American Mind" Revising the Revisionism: Lockean Liberalism and the American Revolution. The Political Philosophy of the Declaration of Independence -- 2. The Constitution of the United States. The Preamble. The Framing and Ratification of the Constitution. The Bill of Rights. The Federalist Papers. The Intellectual Leaders of the Constitutional Period. Early State Constitutions -- 3. The Court. From Legislative Supremacy to Judicial Review. Natural Rights and Judicial Review. Judicial Finality -- 4. Checks on the Court. Limiting the Court's Appellate Jurisdiction. The Article 5 Amendment Process. Impeachment. Judicial Self-Restraint. The Appointment Process -- 5. Constitutional Interpretation. Equality. Life. Liberty. The Pursuit of Happiness -- Conclusion: A New American Revolution?".
• catalog description "From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.".
• catalog description "Includes bibliographical references (p. 205-294) and index.".
• catalog description "Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life. Importantly, the theory advanced in this book - what Gerber calls "liberal originalism"--Is neither consistently "liberal" nor consistently "conservative" in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, "to secure these rights, governments are instituted among men." In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends.".
• catalog extent "xv, 315 p. ;".
• catalog identifier "0814730663 (acid-free paper)".
• catalog issued "1995".
• catalog issued "c1995.".
• catalog language "eng".
• catalog publisher "New York : New York University Press,".
• catalog spatial "United States.".
• catalog subject "342.73/02 347.3022 20".
• catalog subject "Constitutional law United States.".
• catalog subject "KF4550 .G46 1995".
• catalog subject "Natural law Philosophy.".
• catalog tableOfContents "Foreword / Henry J. Abraham -- 1. The Declaration of Independence. "An Expression of the American Mind" Revising the Revisionism: Lockean Liberalism and the American Revolution. The Political Philosophy of the Declaration of Independence -- 2. The Constitution of the United States. The Preamble. The Framing and Ratification of the Constitution. The Bill of Rights. The Federalist Papers. The Intellectual Leaders of the Constitutional Period. Early State Constitutions -- 3. The Court. From Legislative Supremacy to Judicial Review. Natural Rights and Judicial Review. Judicial Finality -- 4. Checks on the Court. Limiting the Court's Appellate Jurisdiction. The Article 5 Amendment Process. Impeachment. Judicial Self-Restraint. The Appointment Process -- 5. Constitutional Interpretation. Equality. Life. Liberty. The Pursuit of Happiness -- Conclusion: A New American Revolution?".
• catalog title "To secure these rights : the Declaration of Independence and constitutional interpretation / Scott Douglas Gerber.".
• catalog type "text".