Coverart for item
The Resource In defense of the text : democracy and constitutional theory, Leslie Friedman Goldstein

In defense of the text : democracy and constitutional theory, Leslie Friedman Goldstein

Label
In defense of the text : democracy and constitutional theory
Title
In defense of the text
Title remainder
democracy and constitutional theory
Statement of responsibility
Leslie Friedman Goldstein
Title variation
Democracy and constitutional theory
Creator
Subject
Language
eng
Summary
In this book, Leslie Friedman Goldstein presents an extended argument for the kind of constitutional theory that should guide American judges. Writing in a clear prose accessible to the general reader, she advocates a particular version of textualism, and defends it in terms of the regime structure set forth in the Constitution and the premises of political theory that underlie that regime. Goldstein's moderate version of textualism does not expect a judge to find every principle of constitutional law to be spelled out word for word in the Constitution. As John Marshall noted, and as every constitutional law professor has repeated over the years, "We must never forget that it is a Constitution we are expounding". So, Goldstein's textualism calls on judges to ask what general principle of law is suggested in the language of the text as considered in light of the structure of the document and in light of the structure of government the Constitution sets forth. Further, judges need to adapt constitutional principles to changes that arise in society. A principle distinguishing "unreasonable searches and seizures" by whether or not private homes were invaded physically by police needs to be adapted to the era of electronic surveillance. A principle forbidding invidious racial discrimination as a violation of "the equal protection of the laws" has to be expanded with society's increasing capacity to understand which public measures carry an invidious impact. Beyond defending a textualist approach, Goldstein critiques a particular reading of the constitutional text increasingly popular among contemporary scholars, who read certain sections of the Constitution to assign to American judges thejob of deciding what are, or ought to be, the fundamental rights of Americans, in a way that leaves it open to judges to uphold unspecified rights--rights that the Constitution mentions neither explicitly nor by implication. In Defense of the Text argues that when judges announce "fundamental rights" that are nowhere implied in the constitutional text, they pervert the judicial function and usurp the legislative function, as those roles are contemplated in the structure of government that the Constitution establishes
Member of
Cataloging source
DLC
http://library.link/vocab/creatorDate
1945-
http://library.link/vocab/creatorName
Goldstein, Leslie Friedman
Index
index present
LC call number
KF4550
LC item number
.G65 1991
Literary form
non fiction
Nature of contents
bibliography
Series statement
Studies in American constitutionalism
http://library.link/vocab/subjectName
  • Constitutional law
  • Constitutional law
  • Judicial review
Label
In defense of the text : democracy and constitutional theory, Leslie Friedman Goldstein
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 201-211) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
23769162
Dimensions
24 cm
Extent
x, 224 pages
Isbn
9780847676996
Isbn Type
(cloth : alk. paper)
Lccn
91018613 //r97
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Label
In defense of the text : democracy and constitutional theory, Leslie Friedman Goldstein
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 201-211) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
23769162
Dimensions
24 cm
Extent
x, 224 pages
Isbn
9780847676996
Isbn Type
(cloth : alk. paper)
Lccn
91018613 //r97
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n

Library Locations

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      32.771471 -117.187496
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