TITLE

ARE ORIGINALIST CONSTITUTIONAL THEORIES PRINCIPLED OR ARE THEY RATIONALIZATIONS FOR CONSERVATISM?

AUTHOR(S)
FALLON JR., RICHARD H.
PUB. DATE
January 2011
SOURCE
Harvard Journal of Law & Public Policy;Winter2011, Vol. 34 Issue 1, preceding p6
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
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.
ACCESSION #
58113032

 

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