TITLE

A PRAGMATIC DEFENSE OF ORIGINALISM

AUTHOR(S)
McGinnis, John O.; Rappaport, Michael B.
PUB. DATE
June 2008
SOURCE
Harvard Journal of Law & Public Policy;Summer2008, Vol. 31 Issue 3, p917
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
An essay on pragmatic defense of originalism, an approach to interpret the U.S. Constitution, is presented. It stresses that entrenched laws should be prioritize over ordinary legislation because they function to create a structure of U.S. government that maintains democratic decision-making and individual rights. It cites some of the reasons why supermajoritarian entrenchment is superior and desirable. It emphasizes the need to enforce the original meaning of the constitution.
ACCESSION #
34074146

 

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