Worse Than Nothing: The Dangerous Fallacy of Originalism
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- Synopsis
- 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.
- Copyright:
- 2022
Book Details
- Book Quality:
- Publisher Quality
- Book Size:
- 264 Pages
- ISBN-13:
- 9780300268485
- Related ISBNs:
- 9780300259902
- Publisher:
- Yale University Press
- Date of Addition:
- 09/06/22
- Copyrighted By:
- Erwin Chemerinsky
- Adult content:
- No
- Language:
- English
- Has Image Descriptions:
- No
- Categories:
- Nonfiction, Law, Legal Issues and Ethics, Philosophy, Politics and Government
- Submitted By:
- Bookshare Staff
- Usage Restrictions:
- This is a copyrighted book.
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