Main Worse Than Nothing: The Dangerous Fallacy of Originalism

Worse Than Nothing: The Dangerous Fallacy of Originalism

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Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation   Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.   Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
Request Code : ZLIBIO3381304
Categories:
Year:
2022
Publisher:
Yale University Press
Language:
English
Pages:
264
ISBN 10:
0300259905
ISBN 13:
9780300259902
ISBN:
0300259905,9780300259902

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