McConnell Princeton.
The Tempting of America confirmed the rigorous originalism that a Justice Bork would have brought to a Supreme Court so badly in need of principles of interpretation. If Robert Bork had won confirmation, rather than Anthony Kennedy, the Supreme Court might have begun its journey toward originalism inrather than three decades later. With his intelligence and persuasiveness, Bork might have convinced Differences Between The Federalists And Anti-Federalists Justices to abandon the free-wheeling lawmaking that would produce Planned Parenthood v.
Casey, Obergefell v. Hodges, and NFIB v. It is worth a read, but not just because it presents an engaging, reasoned view on the scope of presidential power.
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It also gives us a glimpse of what might have been. According to press reports and Beltway rumor at the time, President George W. Bush considered McConnell—at that time a judge on the U. Instead, President Bush chose John Roberts.
But worse yet, at critical times Roberts has seemed to tailor his decisions out of a concern for their political consequences. So he has fled from any consistent philosophy of judging and sought refuge in common-law acrobatics designed to narrow decisions, deny enduring principles, and disguise the Court as an impartial arbiter. source
8 Lesson Plans
Anti-Federalishs Questions of presidential power give us a good idea of how a Justice McConnell might have approached the job. Whether the reader ultimately agrees or disagrees with his answers, he or she comes away with respect for how McConnell works through the legal questions. First, McConnell commits to a scrupulous originalism in interpreting the nature of executive power under the Constitution. McConnell sees the role of the link as enforcing the original understanding of the Constitution.
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Here who in the nation today thinks our current dispositions of power are ideal? Second, McConnell anchors his analysis in the constitutional text. He takes us on a tour of history, beginning with British understandings of the powers of the Crown versus Parliament, slowly and carefully marching through the experience of Constitution-making in Philadelphia, and then filling in details with early practice in the Washington, Adams, and Jefferson administrations. Instead, McConnell follows specific historical paths only that relate directly to the constitutional text. But McConnell does not stray into the major questions swirling about the Constitutional Convention, such as its treatment of slavery or the Great Compromise between the large and small states.
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He relies on history, but only a usable history, much like a judge relies only on the factual evidence needed to reach a judgment. His focus on a usable past does not prevent McConnell from making some unique contributions. Until now, Charles C. McConnell introduces two more discrete insights into our understanding of the Presidency. Crosskey, whose two-volume Politics and Differences Between The Federalists And Anti-Federalists Constitution in the History of the United States attempted to defend the New Deal on the ground that the Constitution gave Congress plenary power to regulate the economy and society. Instead, he argued, it lists only the Crown prerogatives that the Founders had chosen to transfer away from the executive. Vs Federalism, Crosskey concluded, the Framers must have intended to give Congress broad, unenumerated power unlimited by Article I, which he believed performed a separation of powers, rather than a federalism, role.]
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