Originalism Within the Living Constitution
Keith E. Whittington
An article from last October's "Keeping Faith with the Constitution in Changing Times" symposium, co-sponsored by Constitutional Interpretation and Change Issue Group and Vanderbilt University Law School. The symposium was held at Vanderbilt University Law School in October 2006.
In Originalism Within the Living Constitution, Keith Whittington, William Nelson Cromwell Professor of Politics at Princeton University, justifies a jurisprudence of originalism. Professor Whittington contends that, in recent times, “The authority of the original meaning of the Constitution has been routinely challenged in basic ways. The claim that the Constitution should be understood differently—that it is a “living Constitution” that means something different today than it meant when it was adopted, for example—is now itself quite old. It is now thought that adherence to original meaning is one alternative among many, a choice that might be made or that might not. If originalism is not exactly on the defensive, it at least has to be defended.”
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| Keith E. Whittington Vanderbilt Paper 7-2007.pdf | 209.52 KB |
