To Secure These Rights

The Declaration of Independence and Constitutional Interpretation

Nonfiction, Social & Cultural Studies, Political Science
Cover of the book To Secure These Rights by Scott Douglas Gerber, NYU Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Scott Douglas Gerber ISBN: 9780814732502
Publisher: NYU Press Publication: June 1, 1995
Imprint: NYU Press Language: English
Author: Scott Douglas Gerber
ISBN: 9780814732502
Publisher: NYU Press
Publication: June 1, 1995
Imprint: NYU Press
Language: English

To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life.
Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life.
Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.

More books from NYU Press

Cover of the book Babysitter by Scott Douglas Gerber
Cover of the book Scheherazade's Children by Scott Douglas Gerber
Cover of the book Still Jewish by Scott Douglas Gerber
Cover of the book Jammed Up by Scott Douglas Gerber
Cover of the book Legal Education and the Reproduction of Hierarchy by Scott Douglas Gerber
Cover of the book Black Sun by Scott Douglas Gerber
Cover of the book Polluted Promises by Scott Douglas Gerber
Cover of the book Feminist Accountability by Scott Douglas Gerber
Cover of the book Archives of Flesh by Scott Douglas Gerber
Cover of the book Romantic Outlaws, Beloved Prisons by Scott Douglas Gerber
Cover of the book The Psychology of Family Law by Scott Douglas Gerber
Cover of the book Neither Fugitive nor Free by Scott Douglas Gerber
Cover of the book Sophia Parnok by Scott Douglas Gerber
Cover of the book Clean Streets by Scott Douglas Gerber
Cover of the book "Fire From the Midst of You" by Scott Douglas Gerber
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy