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- catalog abstract "Publisher's description: Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws--including self-interested reasoning and the manipulation of doctrine--that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court. Original sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutional decision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.".
- catalog alternative "Project Muse UPCC books net".
- catalog contributor b12503986.
- catalog created "c2002.".
- catalog date "2002".
- catalog date "c2002.".
- catalog dateCopyrighted "c2002.".
- catalog description "I never lie -- Multitudes in me -- Hypothesis testing -- States of grace? -- The smoking gun -- A bridge over troubled waters? -- Any more such victories -- Legitimation.".
- catalog description "Includes bibliographical references and index.".
- catalog description "Publisher's description: Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws--including self-interested reasoning and the manipulation of doctrine--that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court. Original sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutional decision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.".
- catalog extent "xiii, 218 p. ;".
- catalog identifier "0814756409 (alk. paper)".
- catalog isPartOf "Critical America".
- catalog issued "2002".
- catalog issued "c2002.".
- catalog language "eng".
- catalog publisher "New York : New York University Press,".
- catalog spatial "United States.".
- catalog subject "347.73/26 21".
- catalog subject "Constitutional history United States.".
- catalog subject "KF8742 .M27 2002".
- catalog subject "United States. Supreme Court History.".
- catalog tableOfContents "I never lie -- Multitudes in me -- Hypothesis testing -- States of grace? -- The smoking gun -- A bridge over troubled waters? -- Any more such victories -- Legitimation.".
- catalog title "Original sin : Clarence Thomas and the failure of the constitutional conservatives / Samuel A. Marcosson.".
- catalog type "History. fast".
- catalog type "text".