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The Hollow Core of Constitutional Theory Donald L. Drakeman (University of Notre Dame, Indiana)

The Hollow Core of Constitutional Theory By Donald L. Drakeman (University of Notre Dame, Indiana)

The Hollow Core of Constitutional Theory by Donald L. Drakeman (University of Notre Dame, Indiana)


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Summary

Originalists and living constitutionalists alike have jettisoned the Framers from contemporary constitutional theory. This book shows not only that their practical and theoretical reasoning is unsound, but also that a search for the will of the lawmaker is, and has always been, the core question for judges interpreting legal texts.

The Hollow Core of Constitutional Theory Summary

The Hollow Core of Constitutional Theory: Why We Need the Framers by Donald L. Drakeman (University of Notre Dame, Indiana)

The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.

The Hollow Core of Constitutional Theory Reviews

'Drakeman's treatment and criticisms of constitutional theory - whether of originalism or non-originalism - are unfailingly fair and insightful. His arguments for incorporating the framers' intent into constitutional interpretation today are historically rich and conceptually cogent. A penetrating book sure to be of great interest to the specialist and general reader alike.' Marc O. DeGirolami, Cary Fields Professor of Law, St. John's University School of Law
'Drakeman writes with clarity, wit, and power ...' Stephen B. Presser, The Federalist Society Review
'Drakeman finds his way ... to the central truth of the matter.' Hadley Arkes, Claremont Review of Books
'A powerful brief written to academics on behalf of the public who want to know the Constitution's meaning.' Adam J. Macleod, Law & Liberty
'Cuts against the grain of both liberal and modern originalist jurisprudence.' Stone Washington, City Journal
'The book is compelling. Greg Weiner' The Constitutionalist
'Drakeman speaks the unpleasant truth that rarely speaks its name: in-stead of taking their lead from the Constitution, many judges simply begin with their own sense of what the right outcome should be.' Hadley Arkes, Claremont Review of Books

About Donald L. Drakeman (University of Notre Dame, Indiana)

Donald L. Drakeman is Distinguished Research Professor in the Program on Constitutional Studies at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His works have been cited by the Supreme Courts of the United States and the Philippines. His books on the Constitution include Church, State, and Original Intent (Cambridge, 2009), a Choice Outstanding Academic Title.

Table of Contents

1. The Framers and Contemporary Constitutional Theory; 2. The Framers' Intentions: Who, What, and Where; 3. Original Methods and the Limits of Interpretation; 4. Original Methods Updating; 5. The Semantic Summing Problem; 6. Is Corpus Linguistics Better than Flipping a Coin?; 7. The Framers' Intentions Can Solve the Semantic Summing Problem; 8. Interpretation and Sociological Legitimacy; 9. Noninterpretive Decisions; 10. Conclusion.

Additional information

NLS9781108719391
9781108719391
1108719392
The Hollow Core of Constitutional Theory: Why We Need the Framers by Donald L. Drakeman (University of Notre Dame, Indiana)
New
Paperback
Cambridge University Press
2021-04-08
225
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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