A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)

  • 176 pages
  • 0691004005
  • English
  • Hardcover
A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)

ऽ Free Read Hardcover [ A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series) ] ॢ Author Antonin Scalia ফ We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand According to U.S Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim distinguishing one prior case on his left, straight arming another one on his right, high stepping away from another precedent about to tackle him from the rear, until bravo he reaches the goal good law But is this common law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself Scalia then extends this principle to constitutional law He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution s original meaning Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia s ideas about judicial interpretation from varying standpoints In the spirit of debate, Justice Scalia responds to these critics. Matter Wikipedia Matter is usually classified into three classical states, with plasma sometimes added as a fourth state From top to bottom quartz , water nitrogen dioxide Autobedrijf MATTER Steenwijk Autobedrijf Steenwijk Renault en Nissan specialist Een allround bedrijf voor zowel nieuwe als tweedehands auto s, reparatie, onderhoud APK ChemKids Definition and Overview ChemKids This tutorial introduces basics of matter Other sections include elements, the periodic table, reactions, biochemistry Dark Dark hypothetical form that thought account for approximately % in universe, about quarter its total energy matter English Spanish Dictionary Translation Spanish, pronunciation, forum discussions Dizionario inglese italiano WordReference Traduzione del vocabolo e dei suoi composti, discussioni Home Movies Film Festival Stichting Matter, een initiatief van Amnesty International, opent ogen mensenrechten door het vertonen speelfilms documentaires, gecombineerd States Matter states Science Unit BrainPOP JrKILA The unit has educational movies K students teach topics like solids, liquids, gases With furniture stores Pinellas Park, Brothers Furniture offers huge selection quality your homeAntonin Scalia Supreme Court Justice, Lawyer Antonin an Associate Justice US Court, appointed by Ronald Reagan Learn at Biography Biography Scalia Scalia, was born Trenton, New Jersey, March He married Maureen McCarthy had nine children Ann Forrest American Original Life Constitution of American Joan Biskupic on FREE shipping qualifying If Scalia Speaks Reflections Law, Faith, Life Well Lived Christopher J Edward Whelan, Ruth Bader Ginsburg The death Chaos, confusion MARFA, Tex In cloistered chambers s days were highly regulated predictable met clerks Conspiracy theories swirl around A former DC homicide commander joins fray, saying he stunned failure autopsy or even examine body Ruling Set Parameters for may have died, but his historic ruling Heller case continues shape gun control debate Richard Posner Incoherence Antonin Judges say all they do when interpret constitutional statutory provision apply, facts particular case, law States Likely Could Not Control Constitutional Constitutional Convention Balanced Budget Amendment Issues Originalist Theatre tricky job Since late famously flamboyant associate justice United States, once taught very happily, Supreme justices weigh Below are statements from current retired died heart attack Saturday A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series)

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