Interpreting the constitution: Is the intent of the framers controlling? If not, what is?
Tags: CONSTITUTIONAL law -- United States; BROWN v. Board of Education of Topeka (Supreme Court case); LAW -- Interpretation & construction
Related Articles
- ASSISTED LIVING FOR THE CONSTITUTION. Brown, Rebecca L. // Drake Law Review;Summer2011, Vol. 59 Issue 4, p985
An essay is presented about the interpretation of U.S. constitutional law. Topics include the relationship between common law and constitutional law, the book "The Living Constitution " by Professor David Strauss, and the court cases MacPherson v. Buick Motor Co. and Brown v. Board of Education.
- DO WE HAVE A LIVING CONSTITUTION? Strauss, David A. // Drake Law Review;Summer2011, Vol. 59 Issue 4, p973
The article offers information and opinions about changes to the U.S. Constitution throughout U.S. history. Topics include the debates in the U.S. over interpretation of the Constitution, common law Constitutions, and the application of constitutional law in the U.S. Supreme Court decision Brown...
- Forty Years of Originalism. Alicea, Joel // Policy Review;Jun/Jul2012, Issue 173, p69
This article looks at the history and evolution of constitutional originalism in the U.S. in both presidential and parliamentary contexts. Topics include the historical origins of originalism in statutory interpretations found in the book "Commentaries on the Laws of England" by William...
- The Constitutional Conservatism of the Warren Court. Driver, Justin // California Law Review;Oct2012, Vol. 100 Issue 5, p1101
Scholarly debate about the Warren Court casts a long shadow over modern constitutional law. The essential contours of this debate have now grown exceedingly familiar: where liberal law professors overwhelmingly heap praise upon the Warren Court, conservatives generally heap contempt. Although...
- It's Alive. Driver, Justin // New Republic;7/8/2010, Vol. 241 Issue 11, p10
The article discusses how U.S. Supreme Court nominee Elena Kagan may affect the court's interpretation of the U.S. Constitution. The author notes an increase in the number of Americans who support constitutional originalism, which focuses on the original intentions of the Constitution's authors,...
- The Fight for Fairness. Sharif, Dara N. // Scholastic Scope;5/10/2004, Vol. 52 Issue 18, p17
Presents information about various people involved in the Supreme Court case, Brown v. Board of Education in the U.S. INSETS: Integration Today;NO-SWEAT TEST PREP;WORD WORKOUT.
- Brown v. Board of Education. Brown, Bryan // Junior Scholastic;4/26/2004, Vol. 106 Issue 17, p6
Focuses on the U.S. Supreme Court case, Brown v. Board of Education, that would mark a turning point in the struggle for equal rights.
- The second promise of Brown. Philipsen, Maike // Urban Review;Dec94, Vol. 26 Issue 4, p257
Describes the cultural consequences of the local school closing in a predominantly black community as a result of desegregation policies. Decision in the Brown versus Board of Education; Study of schooling in a rural town in North Carolina; Schools' operational and symbolic functions.
- Living Plessey in the context of Brown: Cultural politics and the rituals of separation. Deever, Bryan // Urban Review;Dec94, Vol. 26 Issue 4, p273
Examines the ritual of exclusion present in some public schools in southern Georgia. Impact of the decision in Brown versus Board of Education on the Plessey decision of `separate but equal' education; Equity and equality; Rituals, schooling and power; Rituals of separation; Constituting...
