The Language of Law and the Foundations of American Constitutionalism

ISBN: 9780521140911 出版年：2010 页码：429 McDowell Cambridge University Press

Introduction: the politics of original intention 1. The Constitution and the scholarly tradition: recovering the Founders' Constitution 2. Nature and the language of law: Thomas Hobbes and the foundations of modern constitutionalism 3. Language, law, and liberty: John Locke and the structures of modern constitutionalism 4. The limits of natural law: modern constitutionalism and the science of interpretation 5. The greatest improvement on political institutions: natural rights, written constitutions and the intention of the people 6. Chains of the Constitution: Thomas Jefferson, James Madison and the political metaphysics of strict construction 7. The most sacred rule of interpretation: John Marshall, originalism, and the limits of judicial power 8. The same yesterday, to-day, and forever: Joseph Story and the permanence of constitutional meaning Epilogue: the moral foundations of originalism.