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Religion & Law

: Constitutionally Correct

?The end of originalism?

By Alliance Alert

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SSRN: "This essay further differs from previous works concerning originalism. First, the essay shows that originalism is a radical departure from the Supreme Court's well-established jurisprudence of a living Constitution. From its very inception, constitutional law has been a dynamic process of creativity and the vast majority of Supreme Court decisions interpreting the Constitution have been non-originalist in their methodology. Originalism cannot explain the large body of constitutional doctrine that has developed over the years since the Constitution was adopted."

Full post as published by Constitutionally Correct on June 12, 2009 (boomark / email).

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