(Download) "Are Originalist Constitutional Theories Principled, Or Are They Rationalizations for Conservatism? (Twenty-Ninth Annual Federalist Society National Student Symposium: Originalism)" by Harvard Journal of Law&Public Policy ~ eBook PDF Kindle ePub Free
eBook details
- Title: Are Originalist Constitutional Theories Principled, Or Are They Rationalizations for Conservatism? (Twenty-Ninth Annual Federalist Society National Student Symposium: Originalism)
- Author : Harvard Journal of Law&Public Policy
- Release Date : January 01, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 343 KB
Description
My topic is whether originalism, and in particular the form of originalism that might be thought to constitute Originalism 2.0, is "a rationalization for conservatism, or a principled theory of interpretation." (1) This question includes at least three parts: First, what is originalism? Second, are particular varieties of originalism capable of being, or likely to be, applied in a principled way? Third, are most or all varieties of originalism "rationalization[s] for conservatism"? My answer to the first of these questions frames my answers to the second and third. Although it is customary to speak of originalism as a single constitutional theory, even a cursory review of recent scholarship reveals that the range of originalist theories has grown startlingly broad and diverse and is becoming more so all the time. (2) So great are the differences among originalist theories that I question the premise that we can talk meaningfully about Originalism 2.0 and whether it is a principled theory or a rationalization for conservatism. It would be more accurate to say that there are multitudinous rivals for the title of Originalism 2.0 and that whether these competitors are principled can only be answered on a theory-by-theory basis.