TITLE

THE MISUNDERSTOOD RELATIONSHIP BETWEEN ORIGINALISM AND POPULAR SOVEREIGNTY

AUTHOR(S)
Prakash, Saikrishna B.
PUB. DATE
March 2008
SOURCE
Harvard Journal of Law & Public Policy;Spring2008, p485
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the misunderstood relationship between originalism and popular sovereignty. It contests the interpretive assertion by proponents of popular sovereignty that originalism is a legitimate means of making sense of the Constitution merely or primarily because of the manner in which the U.S. Constitution was ratified and amended. It states that originalism has no special claim to legitimacy merely because the Constitution was the product of an act of popular sovereignty.
ACCESSION #
32024813

 

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