Pre-Owned Revolution by Judiciary: The Structure of American Constitutional Law (Hardcover) by Jed Rubenfeld
Harvard University Press

Pre-Owned Revolution by Judiciary: The Structure of American Constitutional Law (Hardcover) by Jed Rubenfeld

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  • ISBN: 9780674017153
  • Condition: Pre-Owned: Good
  • Hard cover
  • Language: English
  • Pages: 241
  • Sewn binding. Cloth over boards. With dust jacket. 241 p.
  • Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it? Jed Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly. He posits two different understandings of how constitutional rights would apply or not apply to particular legislation. One is that a right would be violated if certain laws were passed. The other is that a right would not be violated. He calls the former "Application Understandings" and the latter "No-Application Understandings." He finds that constitutional law has almost always adhered to all of the original Application Understandings, but where it has departed from history, as it did in the Brown decision, it has departed from No-Application Understandings. Specifically, the Fourteenth Amendment did not prohibit racial segregation, so Rubenfeld argues that the Supreme Court had no problem reinterpreting it to prohibit it. It was a No-Application Understanding. This is a powerful argument that challenges current theories of constitutional interpretation from Bork to Dworkin. It rejects simplistic originalism, but restores historicity to constitutional theorizing.
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What is Pre-Owned: Good?

Has been read and shows minimal signs of wear like an owner's inscription or foxing, but no tearing and all pages are present.

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Product image for illustration purposes only. The item you receive may vary from the image in minor ways, such as slight differences in appearance, color, and/or design. *Exceptions apply during holiday season, and on certain electronics, collectibles, and jewelry.

Pre-Owned: Good

A well-cared-for item that has seen limited use but remains in great condition. Item and instructions are complete and included.

What is the Walmart Pre-Owned Program?

Walmart Pre-Owned allows you to find previously owned, well-cared-for items from Walmart’s trusted & performance-managed sellers. Shopping Pre-Owned allows you to bring home the best-quality picks at even lower prices, in addition to extending the life of an item & reducing waste. Find your favorites & shop a range of conditions in every category.

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Why Walmart Pre-Owned?

Trusted sellers & quality items

Each Pre-Owned item listed comes from Walmart’s trusted performance-managed sellers, to ensure you get quality items.

Quality you can afford

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30-day free returns

Don’t love it? Most items offer a 30-day* free return policy, for added peace of mind.

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Shopping Pre-Owned helps in extending the life of an item & reducing waste.

Product image for illustration purposes only. The item you receive may vary from the image in minor ways, such as slight differences in appearance, color, and/or design. *Exceptions apply during holiday season, and on certain electronics, collectibles, and jewelry.

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