(DOWNLOAD) "Is Originalism Too Conservative? (Twenty-Ninth Annual Federalist Society National Student Symposium: Originalism)" by Harvard Journal of Law&Public Policy # eBook PDF Kindle ePub Free
eBook details
- Title: Is Originalism Too Conservative? (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 : 285 KB
Description
Originalism as an approach to constitutional theory and constitutional interpretation is often associated with conservative politics. (1) This is no surprise given the history of modern originalist theory and constitutional politics. Although originalist arguments have a long pedigree, self-conscious originalism in its modern form largely arose as a response to the liberal constitutional decisions of the Warren and Burger Courts. (2) Judges and scholars turned to history to explain why they thought that the Supreme Court had not only gotten the constitutional law wrong, but had also acted illegitimately in making its rulings. (3) These kinds of critiques culminated in the Reagan administration, the creation of the Federalist Society, and the mobilization of a conservative legal movement that embraced originalism as a core commitment. (4) As a result, many conservatives embrace originalist arguments, and the public often associates originalism with conservatives. The more troubling issue is not whether the public associates originalism with conservatives or conservative politics, but whether originalism is a rationalization for conservatism. Is originalism a principled theory of constitutional interpretation, or is it merely a cover for reaching politically conservative results in court? Is originalism theoretically compelling independent of its connection to conservative politics, or is originalism simply a means to the end of achieving a set of constitutional doctrines that conservative politicians and interest groups prefer? Might originalism be justifiable independent of any reference or commitment to conservative constitutional law outcomes? Might it appeal to political liberals? Or must one already have committed to conservative politics to find any value in constitutional originalism?
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