Original Intent And The Framer's Constitution
Original Intent and the Framer's Constitution
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.
From Library Journal
Among its many legacies, the Reagan administration will be remembered for its spirited defense of "a jurisprudence of original intent"the simplistic assertion that the Constitution has a fixed and unchanging meaning established by the founders. Levy, a noted constitutional scholar and Pulitzer Prize-winning author of Origins of the...