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Fidelity & constraint: how the Supreme Court has read the American Constitution
"The fundamental fact about our Constitution is that it is old--the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution over time of the translation process. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge--the ultimate translator--has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates"--
World Affairs Online
CONGRESS AND THE 2010 ELECTIONS: How to Get Our Democracy Back
In: Washington report on Middle East affairs, Band 29, Heft 4, S. 26
ISSN: 8755-4917
World Affairs Online
Delineating the Proper Scope of Government: A Proper Task for a Constitutional Court? Comment
In: Journal of institutional and theoretical economics: JITE, Band 157, Heft 1, S. 220-223
ISSN: 0932-4569
ESSAYS - The Internet Under Siege - The Internet faces unprecedented threats, but not from hackers and viruses. Try corporations and government regulators instead. By attempting to wall off portions of cyberspace, these forces are thwarting the Internet's unique capacity for innovation and are there...
In: FP, Heft 127, S. 56-65
ISSN: 0015-7228
Debate: Internet Governance: Governance, Internet and Otherwise
In: Swiss political science review, Band 5, Heft 1, S. 134-136