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- Title
ARE ORIGINALIST CONSTITUTIONAL THEORIES PRINCIPLED OR ARE THEY RATIONALIZATIONS FOR CONSERVATISM?
- Authors
FALLON JR., RICHARD H.
- Abstract
An essay is presented on whether the theory of originalism of constitutional language is a rationalization for conservatism or a principled theory of interpretation. Several arguments on how constitutional language should be interpreted are that it should reflect the Framers' intent, how it is understood by the ratifiers, and the original public meaning of the constitutional language. The essayist explains that when practical consequences and political valences are not taken into consideration in the generality of cases, rationalization occurs.
- Subjects
UNITED States; CONSTITUTIONAL law; CONSERVATISM; STATUTORY interpretation; CONSTITUTIONS
- Publication
Harvard Journal of Law & Public Policy, 2011, Vol 34, Issue 1, p6
- ISSN
0193-4872
- Publication type
Essay