January 2011
Harvard Journal of Law & Public Policy;Winter2011, Vol. 34 Issue 1, preceding p6
Academic Journal
An essay is presented on whether the theory of originalism of constitutional language is a rationalization for conservatism or a principled theory of interpretation. Several arguments on how constitutional language should be interpreted are that it should reflect the Framers' intent, how it is understood by the ratifiers, and the original public meaning of the constitutional language. The essayist explains that when practical consequences and political valences are not taken into consideration in the generality of cases, rationalization occurs.


Related Articles

  • The last word debate. Devins, Neal // ABA Journal;Oct97, Vol. 83 Issue 10, p46 

    Looks at how social and political forces shape constitutional values. Role of the US Supreme Court in the Constitution; Links of politics and constitutional decision-making; Invocation of judicial finality.

  • The aftermath of Agostini: Confusion continues as the modified Lemon test is applied in Helms v. Picard[a]. Elizondo, Carlos // BYU Journal of Public Law;1999, Vol. 13 Issue 2, p409 

    Explores the reasoning utilized in ascertaining the constitutionality of an educational funding program in Louisiana by tracking the journey of Helms versus Picard through the United States courts as it was decided under the Agostini-Lemon test. Outline of the Lemon test development; Analysis...

  • A constitutional siesta. Cassens, Debra // ABA Journal;Sep98, Vol. 84 Issue 9, p38 

    Focuses on some judicial decisions made in the United States during late June, 1998, that gave added protection to victims of workplace harassment and those with disabling medical conditions, but made lawsuits more difficult for sexually abused students and citizens claiming some government...

  • A Concise Guide to the Records of the Federal Constitutional Convention of 1787 as a Source of the Original Meaning of the U.S. Constitution. Maggs, Gregory E. // George Washington Law Review;Nov2012, Vol. 80 Issue 6, p1707 

    Judges, lawyers, scholars, and others often cite the records of the Federal Constitutional Convention of 1787 as a source of the original meaning of the Constitution. This Article provides guidance regarding this practice. The Article describes the Convention and the records of the proceedings....

  • A Dialogue on Statutory and Constitutional Interpretation. Scalia, Antonin; Manning, John F. // George Washington Law Review Arguendo;Nov2012, Vol. 80 Issue 6, p1610 

    The article focuses on several issues being raised concerning statutory and constitutional interpretation in the U.S. It mentions the use of legislative history as well as the legislators' purpose in passing a bill. It also mentions the difference between the absurdity doctrine and the doctrines...

  • ORIGINAL METHODS ORIGINALISM: A NEW THEORY OF INTERPRETATION AND THE CASE AGAINST CONSTRUCTION. McGinnis, John O.; Rappaport, Michael B. // Northwestern University Law Review;2009 Special Issue, Vol. 103 Issue 2, p751 

    This article discusses an interpretative approach called original methods originalism. It explores the interpretation of the U.S. Constitution using the approach. It identifies the distinction between positive and normative theories of constitutional interpretation and considers original methods...

  • DOES THE CONSTITUTION PRESCRIBE RULES FOR ITS OWN INTERPRETATION? Paulsen, Michael Stokes // Northwestern University Law Review;2009 Special Issue, Vol. 103 Issue 2, p857 

    This article examines whether the U.S. Constitution itself specifies rules or principles governing how it is to be interpreted. It develops a textual argument from provisions of Article VI confirming provisions paralleling the language of the Constitution. It discusses the absence of any...

  • The Case for Original Intent. Greene, Jamal // George Washington Law Review;Nov2012, Vol. 80 Issue 6, p1683 

    This Article seeks to situate the constitutional culture's heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The Article argues that intentionalist-friendly sources like the Convention records and The Federalist remain...

  • IS LAW? CONSTITUTIONAL CRISIS AND EXISTENTIAL ANXIETY. Ristroph, Alice // Constitutional Commentary;Summer2009, Vol. 25 Issue 3, p431 

    The article discusses the specters of crisis in the U.S. constitutional law. It states that doctrinal crisis entails profound constitutional disagreement wherein the official interpreters of the Constitution cannot agree on what it means and cannot make sense of the doctrine. According to the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics