Originalism: A Quarter Century Of Debate

Originalism, a theory of constitutional interpretation that seeks to determine the meaning of a constitutional provision based on its original public meaning at the time of its adoption, has been a subject of intense debate for over a quarter century. Proponents of originalism argue that it is the only way to ensure that the Constitution is interpreted in accordance with the intent of its framers, while critics argue that it is too rigid and fails to account for the changing circumstances of society.

The Origins of Originalism

The origins of originalism can be traced back to the early days of the American republic. Alexander Hamilton, one of the most influential of the Founding Fathers, argued that the Constitution should be interpreted in accordance with the "plain meaning" of its words. This view was echoed by Chief Justice John Marshall in his landmark decision in Marbury v. Madison (1803),in which he stated that the Constitution was "the supreme law of the land" and that it should be interpreted "according to its original intent."

The Rebirth of Originalism

Originalism fell out of favor in the early 20th century, as legal scholars and judges increasingly embraced a more liberal approach to constitutional interpretation. However, it began to experience a resurgence in the 1970s and 1980s, led by scholars such as Robert Bork, Antonin Scalia, and Michael McConnell.

Originalism: A Quarter-Century of Debate

by Eduard Bernstein

4.3 out of 5

Language	:	English
File size	:	622 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	370 pages
Hardcover	:	226 pages
Item Weight	:	12.7 ounces
Dimensions	:	6.14 x 0.56 x 9.21 inches
X-Ray for textbooks	:	Enabled

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The Debate over Originalism

The debate over originalism has been fierce, with both sides offering strong arguments. Proponents of originalism argue that it is the only way to ensure that the Constitution is interpreted in accordance with the intent of its framers. They point out that the Constitution is a written document, and that its meaning should be determined by the words that are actually in the text. They also argue that originalism is a more objective and predictable approach to interpretation than other methods, such as living constitutionalism, which allows judges to interpret the Constitution based on their own personal values.

Critics of originalism argue that it is too rigid and fails to account for the changing circumstances of society. They point out that the world has changed dramatically since the Constitution was adopted, and that many of its provisions are no longer relevant to modern society. They also argue that originalism is ahistorical, in that it ignores the fact that the meaning of words can change over time.

The Future of Originalism

The future of originalism is uncertain. It is clear that originalism is a powerful theory of constitutional interpretation, but it is also clear that it has its limitations. It is likely that the debate over originalism will continue for many years to come.

Originalism has been a subject of intense debate for over a quarter century. Proponents of originalism argue that it is the only way to ensure that the Constitution is interpreted in accordance with the intent of its framers, while critics argue that it is too rigid and fails to account for the changing circumstances of society. The future of originalism is uncertain, but it is clear that it is a powerful theory of constitutional interpretation that will continue to be debated for many years to come.

Additional Resources

• Originalism: A Quarter Century of Debate
• The Debate over Originalism
• Originalism: A Primer

Originalism: A Quarter-Century of Debate

by Eduard Bernstein

4.3 out of 5

Language	:	English
File size	:	622 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	370 pages
Hardcover	:	226 pages
Item Weight	:	12.7 ounces
Dimensions	:	6.14 x 0.56 x 9.21 inches
X-Ray for textbooks	:	Enabled

FREE