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Title: Original Intent and the Framers' Constitution by Leonard Levy, Leonard Williams Levy ISBN: 1-56663-312-5 Publisher: Ivan R Dee, Inc. Pub. Date: 01 September, 2000 Format: Paperback Volumes: 1 List Price(USD): $24.90 |
Average Customer Rating: 5 (5 reviews)
Rating: 5
Summary: Superbly thorough argument
Comment: Levy's book is an overwhelmingly good source of information on the intent of the framers of the Constitution and on the idea that original intent is not something we should rely on. Levy uses exhaustive examples on many topics ranging from jurisprudence, the Bill of Rights and the 1st, 4th, 5th and 9th Amendments. I do have a few critiques on the book though.
1- This book appears to be more a collection of essays. Many of the chapters repeat what was previously and exhaustively discussed in other chapters as if the others chapters did not exist.
2- Levy does not delve into the issue of why the founding fathers feared establishments in regards to religion. England used the Anglican church to get a tighter grip on the colonies. Many Anglican parsonage positions were given as rewards (or punishments) to members of the English government. Taxes went to pay for salaries of these appointees while they did no real work. Many were never seen in the church at all. Also, England used the church to excise taxes from the colonies. None of this was discussed in the section of the establishment clause.
3- Many of the terms are discussed before they are defined. This causes confusion while reading. One such term is ex post facto laws. This is discussed at length early on, but not defined until the 5th or 6th chapter. For someone with little legal background, this is troublesome.
Despite these critiques, this was a superb addition to my library. I would recommend it for anyone who is interested in the ideas of the founders and what they were thinking while they were at the Constitutional Convention.
Rating: 5
Summary: Bravo!
Comment: There are a few books on strict interpretationlist theory about the Constitution by authors with historical credibility but Levy is a constitutional scholar so this is a respectable opinion.
This book was an exciting find. "A jurisprudence of original intent" is finally discussed here in an historically and compelling way. The author draws conclusions that are pragmatic and understandable. There were so many individuals who contributed to the authorship of the Constitution that there are as many different intents as there were contributing authors.
I think one unequivocal, absolute about our brilliant founding fathers is that they believed in freedom of speech and imagination free from oppression. This book demonstrates that there are two sides to this never-ending debate on jurisprudence boundaries. If you have read books and articles that seem compelling regarding "strict interpretation" then treat yourself to this book. The author digs into to the document to find answers on intent. His essays provide a well rounded tour of prevailing opinions during the historical infancy of the U.S. The book can help any one interested in understanding the issues of the debate make an educated decision based on both sides of the issue.
Rating: 5
Summary: Original inten? Whose original intent? Who intended what?
Comment: It has always seemed bizarre to me how the best arguments against original intent are made by...historians! This book does many things, the least of which is to offer a very penetrating argument againt original intent. It is a book, first and foremost, exploring the history of American contitutionalism. Was judicial review intended? How do we make sense of the limilts (if there are any) of the contract clause? And what in the world does the ninth amendment actually mean??
Levy has a true historians eye and quite simply, is great at what he does. In this collection of loosely connected essays exploring the histories of these and other problems in our constitution's history, he points out what judges should've known all along; there are as many intents as their were framers, ratifiers, and Supreme Court Justices. What's more, much of the 'history of intent' is simply a jumbled mess; ambiguuos, imcomplete, and imprecise.
The best essays of course are those focusing on whether original intent is a.) what was intended by the founders (isn't that ironic?) and b.) the doctrine we should actually be using. One thing I've learned in my study of the Constitution is that judges, as smart as they are, are simply bad historians. From Dred Scott to Bowers v. Hardwick, judges have botched history - whether deliberately as in Scott, or not, as in Bowers. One Justice Levy is particularly hard on is (one of my judicial heroes) Hugo Black - and for good reason! Black's history is narrow, reflects an overconfidence in the founders that they never even had of themeselves, and simply (particurly with the fourteenth amendmen) gets a lot of it wrong. He is hard on Robert Bork for just this reason.
In summary this is a great book. Levy doesn't take too many sides here, but is probably something akin to a Jeffersonian Democrat. He is rigorous, mindful of the burden of his task as historian, and illuminating. For another great argument by a historian on the difficulties of original intent, read Rakove's "Original Meanings". For an argument in favor of OI, the standard is Bork's "Tempting of America". Enjoy!
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Title: Origins of the Bill of Rights by Leonard Williams Levy ISBN: 0300089015 Publisher: Yale Univ Pr Pub. Date: 01 March, 2001 List Price(USD): $15.95 |
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Title: Original Intent: The Courts, the Constitution, and Religion by David Barton ISBN: 0925279579 Publisher: Wallbuilder Pr Pub. Date: July, 1997 List Price(USD): $12.95 |
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Title: Marbury v. Madison : The Origins and Legacy of Judicial Review by William E. Nelson, Peter Charles Hoffer, N. E. H. Hull ISBN: 0700610626 Publisher: Univ Pr of Kansas Pub. Date: 20 November, 2000 List Price(USD): $12.95 |
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Title: Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review by Keith E. Whittington ISBN: 070061141X Publisher: Univ Pr of Kansas Pub. Date: September, 2001 List Price(USD): $17.95 |
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Title: The Bill of Rights: Creation and Reconstruction by Akhil Reed Amar ISBN: 0300082770 Publisher: Yale Univ Pr Pub. Date: 01 April, 2000 List Price(USD): $18.95 |
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