U.S. Constitutional Originalism from Transcendence: The Founders' Methodology
The characteristic that made the U.S. Constitution effective is the transcendence of the concepts it embodies. This essay seeks to define transcendence, its relationship to originalism in Constitutional interpretations, its historic origins, the consequences of rejecting them, and provide a truly or...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2024
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| In: |
Journal of interdisciplinary studies
Year: 2024, Volume: 36, Issue: 1/2, Pages: 146-164 |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | The characteristic that made the U.S. Constitution effective is the transcendence of the concepts it embodies. This essay seeks to define transcendence, its relationship to originalism in Constitutional interpretations, its historic origins, the consequences of rejecting them, and provide a truly originalist standard for Supreme Court decision-making. This transcendence has resulted in the U.S. being the only democracy since the Roman Republics to have been sustained over the long-term. Four specific areas are suggested by the Federalist Papers and many federal decisions over the last 50 years in the areas of civil rights, balance of power, public virtue, and judicial restraint. In civil rights, restoring the Constitutional diversity of this extended Republic would reverse the present "diversity, equity and inclusion" and its destructive policy. The recovery of the free exercise of religion from its "sincere personal belief" status would encourage a moral way of thinking and living by restoring Article I in the Bill of Rights to its proper status. |
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| ISSN: | 2766-0508 |
| Contains: | Enthalten in: Journal of interdisciplinary studies
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| Persistent identifiers: | DOI: 10.5840/jis2024361/28 |
