Rating: 4 out of 5 stars
4/5
Ebook149 pages3 hours
Constitutional Conscience: The Moral Dimension of Judicial Decision
Rating: 0 out of 5 stars
()
About this ebook
While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making.
Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Read more from H. Jefferson Powell
A Community Built on Words: The Constitution in History and Politics No Law: Intellectual Property in the Image of an Absolute First Amendment Rating: 0 out of 5 stars0 ratings
Related to Constitutional Conscience
Related ebooks
Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History Rating: 0 out of 5 stars0 ratingsRegulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law Rating: 0 out of 5 stars0 ratingsThe Judge as Political Theorist: Contemporary Constitutional Review Rating: 0 out of 5 stars0 ratingsJudicial Independence and the American Constitution: A Democratic Paradox Rating: 0 out of 5 stars0 ratingsThe Supreme Court vs. The Constitution Rating: 5 out of 5 stars5/5Law as Culture: An Invitation Rating: 0 out of 5 stars0 ratingsCourts: A Comparative and Political Analysis Rating: 4 out of 5 stars4/5The Democratic Constitution: Experimentalism and Interpretation Rating: 0 out of 5 stars0 ratingsPolitical Questions Judicial Answers: Does the Rule of Law Apply to Foreign Affairs? Rating: 0 out of 5 stars0 ratingsThat Eminent Tribunal: Judicial Supremacy and the Constitution Rating: 0 out of 5 stars0 ratingsTaking the Constitution Away from the Courts Rating: 4 out of 5 stars4/5A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before Rating: 3 out of 5 stars3/5The Judge in a Democracy Rating: 5 out of 5 stars5/5The Language of Statutes: Laws and Their Interpretation Rating: 5 out of 5 stars5/5American Constitutionalism: From Theory to Politics Rating: 3 out of 5 stars3/5Law - Its Origin, Growth, and Function Rating: 0 out of 5 stars0 ratingsGreat Cases in Constitutional Law Rating: 4 out of 5 stars4/5Pillars of Justice: Lawyers and the Liberal Tradition Rating: 0 out of 5 stars0 ratingsThe Supreme Court and the Constitution Rating: 4 out of 5 stars4/5The Theory and Practice of Statutory Interpretation Rating: 0 out of 5 stars0 ratingsA Matter of Interpretation: Federal Courts and the Law - New Edition Rating: 4 out of 5 stars4/5Working Law: Courts, Corporations, and Symbolic Civil Rights Rating: 0 out of 5 stars0 ratingsFreedom of Speech: The Supreme Court and Judicial Review Rating: 5 out of 5 stars5/5The Nature of the Judicial Process Rating: 4 out of 5 stars4/5The Common Place of Law: Stories from Everyday Life Rating: 4 out of 5 stars4/5Cardozo: A Study in Reputation Rating: 4 out of 5 stars4/5The Cult Of The Court Rating: 0 out of 5 stars0 ratingsWhat's Law Got to Do With It?: What Judges Do, Why They Do It, and What's at Stake Rating: 5 out of 5 stars5/5Restitution: Civil Liability for Unjust Enrichment Rating: 0 out of 5 stars0 ratingsConstitutional Context: Women and Rights Discourse in Nineteenth-Century America Rating: 0 out of 5 stars0 ratings
Law For You
The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Dictionary of Legal Terms: Definitions and Explanations for Non-Lawyers Rating: 5 out of 5 stars5/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5Secrets of Criminal Defense Rating: 5 out of 5 stars5/5Law For Dummies Rating: 4 out of 5 stars4/5Legal Demand Letters: A+ Guides to Writing, #10 Rating: 4 out of 5 stars4/5Know Your Rights: A Survival Guide for Non-Lawyers Rating: 0 out of 5 stars0 ratingsWin In Court Every Time Rating: 5 out of 5 stars5/5Criminal Law Rating: 0 out of 5 stars0 ratingsHow to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful Rating: 4 out of 5 stars4/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5Drafting Affidavits and Statements Rating: 4 out of 5 stars4/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5Critical Race Theory: The Cutting Edge Rating: 4 out of 5 stars4/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5Family Trusts: A Guide for Beneficiaries, Trustees, Trust Protectors, and Trust Creators Rating: 5 out of 5 stars5/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5When Harry Became Sally: Responding to the Transgender Moment Rating: 3 out of 5 stars3/5
Related podcast episodes
Noah Feldman & Christopher Kang 0% found this document usefulEpisode 161: Meta: On general jurisprudence (and other things), with Scott Shapiro. 100% found this document usefulThe core contradiction of American politics 0% found this document usefulEpisode 142: Normativity: On the nature of law and its reasons, with Jeffrey Kaplan. 0% found this document usefulScott Veitch, "Obligations: New Trajectories in Law" (Routledge, 2021) 0% found this document usefulThe Constitution is a progressive document: Gerrymandering, constitutionalism, and the future of the Supreme Court 0% found this document useful037: Surviving Law School Moot Court: What is moot court, and how can you excel? 100% found this document useful068: Top Ten Legal Research and Writing Disasters to Avoid: Get prepared for LRW, and avoid disaster 100% found this document usefulPractical Equality: Robert L. Tsai: “It’s important to be practical and hard-nosed about equality and justice.” 0% found this document usefulDuncan Kennedy 0% found this document usefulFishkin & Forbath 0% found this document useful
Related articles
Relearning to Write After Law School Buried My Voice Literary HubArticle
Relearning to Write After Law School Buried My Voice
Feb 21, 2020
7 min readMadison’s Notes Don’t Mean What Everyone Says They Mean The AtlanticArticle
Madison’s Notes Don’t Mean What Everyone Says They Mean
Dec 22, 2019
7 min readReimagining Legal Education Manhattan InstituteArticle
Reimagining Legal Education
Jun 27, 2019
3 min readEthical Dilemma New PhilosopherArticle
Ethical Dilemma
Jul 30, 2018
It seems to me that it is those without power who complain about political and social structures; whereas those who have power have few complaints. And so it is at my workplace: the powerless complain, while those with power rule. But the power seems
2 min readYour Post Has Been Removed Photography And Censorship In 2019 CaptureArticle
Your Post Has Been Removed Photography And Censorship In 2019
Aug 23, 2019
13 min readWhen Cops Misbehave, Who Has the Right to Know? The Marshall ProjectArticle
When Cops Misbehave, Who Has the Right to Know?
Feb 13, 2019
SAN FRANCISCO — When Jerry Coleman heard about a domestic violence prosecution winding its way through San Francisco’s criminal courts, he knew he’d finally found his test case. In November 2012, San Francisco police officers arrested 20-year-old Da
4 min readThe Constitution Is On Pause in America’s Courtrooms The AtlanticArticle
The Constitution Is On Pause in America’s Courtrooms
Oct 10, 2020
12 min readDo First Dates Offer Accurate First Impressions? FuturityArticle
Do First Dates Offer Accurate First Impressions?
Feb 10, 2021
1 min readOriginalism, Divided The AtlanticArticle
Originalism, Divided
May 25, 2021
9 min readThe Constitutional Case Against a Federal Abortion Ban The AtlanticArticle
The Constitutional Case Against a Federal Abortion Ban
Sep 21, 2022
11 min readThe Divergent Classmates The AtlanticArticle
The Divergent Classmates
Feb 3, 2017
5 min readA MAGA Judiciary The AtlanticArticle
A MAGA Judiciary
Dec 5, 2023
7 min readYale Law Fails the Kavanaugh Test The AtlanticArticle
Yale Law Fails the Kavanaugh Test
Jul 13, 2018
7 min readCommon-Good Constitutionalism Reveals the Dangers of Any Non-originalist Approach to the Constitution The AtlanticArticle
Common-Good Constitutionalism Reveals the Dangers of Any Non-originalist Approach to the Constitution
Apr 3, 2020
7 min readEven the Founders Didn’t Believe in Originalism The AtlanticArticle
Even the Founders Didn’t Believe in Originalism
Sep 6, 2022
8 min readCommon-Good Constitutionalism Is an Idea as Dangerous as They Come The AtlanticArticle
Common-Good Constitutionalism Is an Idea as Dangerous as They Come
Apr 3, 2020
5 min readThe Supreme Court Is Not Supposed to Have This Much Power The AtlanticArticle
The Supreme Court Is Not Supposed to Have This Much Power
Jun 8, 2022
7 min readNo Wonder the Impeachment Trial Is Such a Mess The AtlanticArticle
No Wonder the Impeachment Trial Is Such a Mess
Jan 25, 2020
10 min readThe Supreme Court And Beyond, How Partisan Are America's Judges? The Christian Science MonitorArticle
The Supreme Court And Beyond, How Partisan Are America's Judges?
Oct 1, 2018
10 min readAmy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny The AtlanticArticle
Amy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny
Oct 25, 2020
4 min readMinority Report: How Justices From Harlan To Breyer Shaped Legal Opinion The Christian Science MonitorArticle
Minority Report: How Justices From Harlan To Breyer Shaped Legal Opinion
Jan 27, 2022
With Justice Stephen Breyer announcing his retirement Thursday, his replacement will follow in the footsteps of every justice before them by taking their place on the lowest rung of the highest court in the land. This new justice – early favorites in
4 min readA Constitutional Case for Gun Control The AtlanticArticle
A Constitutional Case for Gun Control
Oct 28, 2019
6 min readOriginalism Moves From Theory To High Court. What That Means For US. The Christian Science MonitorArticle
Originalism Moves From Theory To High Court. What That Means For US.
Dec 21, 2021
In June 1986, at an otherwise nondescript Attorney General’s Conference on Economic Liberties, Antonin Scalia made an iconic sales pitch. Originalism – a judicial theory holding that the Constitution should be interpreted in line with the framers’ th
7 min readBeyond Originalism The AtlanticArticle
Beyond Originalism
Mar 31, 2020
9 min readA Day of Sorrow for American Democracy The AtlanticArticle
A Day of Sorrow for American Democracy
Jul 3, 2019
5 min readA Philosophy of Expedience Manhattan InstituteArticle
A Philosophy of Expedience
Jun 11, 2018
4 min readThe Conservative Justices Don’t Seem Too Worried About the Court’s Legitimacy The AtlanticArticle
The Conservative Justices Don’t Seem Too Worried About the Court’s Legitimacy
Feb 16, 2022
4 min readCommentary: What Do We Teach Law Students When We Have No Faith In The Supreme Court? Los Angeles TimesArticle
Commentary: What Do We Teach Law Students When We Have No Faith In The Supreme Court?
Jan 18, 2022
3 min readWill the Real Justice Gorsuch Please Stand Up? Manhattan InstituteArticle
Will the Real Justice Gorsuch Please Stand Up?
Jun 21, 2020
17 min readThe Care and Feeding of Supreme Court Justices The AtlanticArticle
The Care and Feeding of Supreme Court Justices
Oct 3, 2023
5 min read
Reviews for Constitutional Conscience
Rating: 0 out of 5 stars
0 ratings
0 ratings0 reviews
Book preview
Constitutional Conscience - H. Jefferson Powell
Enjoying the preview?
Page 1 of 1