Description
Book SynopsisFor 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.
Trade ReviewMerciless and brilliant. In fascinating detail...Mr. Levy demonstrates that there can be no such animal [as original intent]....Judges and the rest of us can learn much from this remarkable book. -- Anthony Lewis, former New York Times columnist * The New York Times *
Leonard Levy's masterful analysis of the doctrine of original intent combines meticulous scholarship with glorious demolition. -- Arthur M. Schlesinger Jr.
Myths are hard to kill, but if reason and reasonableness can ever persuade, Professor Levy's book should convert those who still cling to the naive jurisprudence of 'original intent.' -- Eugene V. Rostow
