Theory of constitutional originalism

Can originalism appeal to Conservatives?

Even sophisticated lawyers and judges may believe that the justifications for originalism can only appeal to conservatives, but, in fact, the case for originalism, rooted in the rule of law and the value of legitimacy, can appeal to Americans with a wide range of political beliefs

Does originalism exert a gravitational force on legal doctrine?

I suggest that, so long as there are justices who accept the relevance of original meaning, originalism can exert a kind of “gravitational force” on legal doctrine even when, as in McDonald and NFIB, the original meaning of the Constitution appears not to be the basis of a judicial decision

What is originalism & how does it differ from living constitutionalism?

It exists independently of the subjective “intentions” of those who wrote the text or of the “original expected applications” that the Framers of a constitutional text thought that it would have

Originalism is usually contrasted as a theory of constitutional interpretation with Living Constitutionalism


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Constitutional thinking
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Nature of constitutional law
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Horizontal effect of constitutional rights
What is not a constitutional principle
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