Tribe and scalia on the constitution: A Third View.(US Supreme Court Justice Antonin Scalia and law professor Laurence Tribe)

From: World and I | Date: April 1, 1999| Author: Kapla, Morton A. | Copyright information

The book 'A Matter of Interpretation' has a long lead essay by US Supreme Court Justice Antonin Scalia and includes responses by legal scholars, including Harvard law professor Laurence Tribe. It addresses the issue of how the rule of law applies to the interpretation of the Constitution. There are difficulties with textualism, on which Scalia places great emphasis. Tribe is correct in arguing that original meaning is not determinative, and that it is often subject to dispute.

Most ...

Related newspaper, magazine, and journal articles from HighBeam Research

Tribe and scalia on the constitution: A Third View.(US Supreme Court Justice Antonin Scalia and law professor Laurence Tribe)
World and I ; Most Americans understand that a vitally important aspect of the American constitutional system is the rule of law. However, few understand what the rule of law means as it applies to constitutional interpretation. If you read the editorial pages of a newspaper such as the New York Times, you will
Original meaning and constitutional redemption. (response to articles in this issue, p. 353, 371, 383, 405, 417)
Constitutional Commentary ; One of the many benefits of having one's ideas analyzed by a group of intelligent and able commentators (1) is that they improve the work by showing the author which parts of the argument need to be clarified, which parts need to be adjusted, and which parts are really central to one's views. With
Trumping precedent with original meaning: not as radical as it sounds.
Constitutional Commentary ; Originalism was thought to be buried in the 1980s with critiques such as those by Paul Brest (1) and Jeff Powell. (2) Brest charged that originalism was unworkable, while Powell maintained that originalism was inconsistent with the original intentions of the Founders. (3) Others raised the moral
The progressive political power of Balkin's "original meaning".(response to article by Jack M. Balkin in this issue, p. 291)
Constitutional Commentary ; Jack Balkin's Abortion and Original Meaning should be widely read and debated, not only by constitutional theorists but by a broad range of those who care about his subject: how the United States interprets its foundational document. How should those who are part of that interpretive
Under the law.(COMMENTARY)
The Washington Times ; Byline: Bruce Fein, SPECIAL TO THE WASHINGTON TIMES Democratic Sens. Hillary Clinton of New York and Dianne Feinstein of California mistook justices for missionaries in elaborating their opposition to Judge John G. Roberts, Jr. as chief justice of the United States. Associate Justice Ruth Bader
Congress's Under-Appreciated Power to Define and Punish Offenses Against the Law of Nations
Texas Law Review ; Perhaps no Article I power of Congress is less understood than the power to "define and punish . . . Offences against the Law of Nations."1 There are few scholarly works about the Clause; Congress, the Supreme Court, and the Executive Branch have seldom interpreted the Clause, and even then they
After Dickens: Reading, Adaptation and Performance/Fiction and the Law: Legal Discourse in Victorian and Modernist Literature
AUMLA : Journal of the Australasian Universities Modern Language Association ; John Glavin, After Dickens: Reading, Adaptation and Performance. Cambridge: Cambridge University Press, 1999. Kieran Dolin, Fiction and the Law: Legal Discourse in Victorian and Modernist Literature. Cambridge: Cambridge University Press, 1999. After Dickens is, unfortunately, more about the mental
On the true meaning of Say's law
Eastern Economic Journal ; "Men err in their productions, there is no deficiency of demand." David Ricardo in a letter to T. R. Malthus commenting on Say's Law [(1819-1821) 1951-1973, VIII, 277] The meaning of Says Law may seem an issue of little relevance to economists today. It would seem, on the face of it, of interest
The law of nations and the offenses clause of the Constitution: a defense of federalism.
Yale Law Journal ; One of the most important features of the United States government as originally conceived by the Framers is that, even before the addition of the Bill of Rights, its powers were strictly regulated by the Constitution. (1) Instead of being a supreme parliament, (2) able to do whatever it believed
Interview: Jack Rakove discusses the issue of original meaning in the Constitution
Weekend Edition - Saturday (NPR) ; SCOTT SIMON Weekend Edition - Saturday (NPR) 07-09-2005 Interview: Jack Rakove discusses the issue of original meaning in the Constitution Host: SCOTT SIMON Time: 12:00 Noon-1:00 PM SCOTT SIMON, host: A justice on the US Supreme Court is not required to have any experience as a judge or even a