Description
Book SynopsisProblems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called originalism. The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a living Constitution that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appel
Trade Review
In their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you’ve been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you.
-- Gerald J. Russello * City Journal *
Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended.
* Choice *
Table of ContentsPrefaceWe Are All Originalists Now
Lawrence B. Solum
What Is Originalism?
Should We Be Originalists?
Originalism and Living ConstitutionalismOriginalism and the Living American Constitution
Robert W. Bennett
Originalism and Living Constitutionalism
Wrestling with the Troubles of Originalism
Implications for Living Constitutionalism
Living with a Living Constitution
The Failure of Originalism as RestraintLiving with Originalism
A Response by Lawrence B. Solum
Can Original Meaning Constrain?
The Levels-of-Generality Pseudoproblem
The Role of Values in Constitutional Construction
Dead Hands
Transitions and Precedent
Original Intent Revisited
Originalism and PoliticsAre We All Living Constitutionalists Now?
A Response by Robert W. Bennett
The Interpretive Role of Nonoriginalism in Solum's Scheme
Extent of Liveliness in Solum's Constitutional Law and Bennett’s
Normative Choices in Interpretation
Ordinary or Technical Meaning
The Limits of Constraint Based on LanguageNotes
Suggested Readings
Index
