文章基本信息

标题：Originalism’s Pretenses
本地全文：下载
作者：Eric Berger
期刊名称：Journal of Constitutional Law
印刷版ISSN：1521-2823
电子版ISSN：1942-8561
出版年度：2013
卷号：16
期号：2
出版社：University of Pennsylvania Law School
摘要：When conservatives in the 1980s offered originalism as a constitutional methodology that could limit perceived judicial excesses, they touted its ability to constrain judges to follow the Constitution's fixed, original meaning. Though originalism has changed many times since, its proponents still generally preach these related virtues of fixation and constraint. This symposium contribution reviews recent scholarly developments in originalism and contends that originalism's capacity to fix constitutional meaning and constrain judicial decision making is overstated in both practic e and theory