Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence

Historicism, Originalism and the Constitution: The Use and Abuse of the Past in American Jurisprudence

by Patrick J. Charles

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The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.

Product Details

ISBN-13: 9781476615158
Publisher: McFarland & Company, Incorporated Publishers
Publication date: 04/22/2014
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 272
File size: 2 MB
Age Range: 18 Years

About the Author

Patrick J. Charles is an historian for Air Force Special Operations Command and the author of many articles and books on the Constitution, legal history, and standards of review. His writings have been cited by numerous federal circuit courts, and by the Supreme Court in McDonald v. City of Chicago. He lives in Silver Spring, Maryland.

Table of Contents

Table of Contents

Acknowledgments  ix
Preface  1
1. History in Law’s Dilemma: A Dialogue on History’s Role in Constitutional Interpretation  5
2. Historical Consciousness and the Law Considered  29
3. The Complexities of Constitutional Interpretation in the Late Eighteenth Century Considered  50
4. Historical Guideposts and Constitutional Interpretation  83
5. Historical Guideposts, the Second Amendment and Firearms Outside the Home  122
6. Historical Guideposts, the Fourteenth Amendment and Citizenship by Birth  148
Epilogue  185
Notes  191
Bibliography  233
Index  255

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