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eBook
Worse Than Nothing
2022
Overview
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 an
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.
Publisher
Yale University Press
Subject
/ Constitutional law -- Philosophy
/ Constitutional law -- Philosophy fast (OCoLC)fst00875821
/ Constitutional law -- United States
/ Constitutional law -- United States -- Interpretation and construction
/ Law
/ Law -- Interpretation and construction
/ Law -- Interpretation and construction fast (OCoLC)fst00993756
/ Origin (Philosophy) fast (OCoLC)fst01048180
/ POLITICAL SCIENCE / American Government / Judicial Branch bisacsh
ISBN
0300259905, 9780300259902
