Worse than nothing : the dangerous fallacy of originalism
(Book)
Author
Published
New Haven : Yale University Press, [2022].
Format
Book
ISBN
9780300259902, 0300259905, 9780300273984, 0300273983
Physical Desc
xiii, 248 pages ; 23 cm
Status
Description
Loading Description...
More Details
Published
New Haven : Yale University Press, [2022].
Language
English
ISBN
9780300259902, 0300259905, 9780300273984, 0300273983
Notes
Bibliography
Includes bibliographical references and index.
Description
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
Also in this Series
Checking series information...
Copies
Location | Call Number | Status |
---|---|---|
Morris County Library - Adult Nonfiction - New | 340.12 CHE | Checked Out |
Reviews from GoodReads
Loading GoodReads Reviews.
Citations
APA Citation, 7th Edition (style guide)
Chemerinsky, E. (2022). Worse than nothing: the dangerous fallacy of originalism . Yale University Press.
Chicago / Turabian - Author Date Citation, 17th Edition (style guide)Chemerinsky, Erwin. 2022. Worse Than Nothing: The Dangerous Fallacy of Originalism. Yale University Press.
Chicago / Turabian - Humanities (Notes and Bibliography) Citation, 17th Edition (style guide)Chemerinsky, Erwin. Worse Than Nothing: The Dangerous Fallacy of Originalism Yale University Press, 2022.
MLA Citation, 9th Edition (style guide)Chemerinsky, Erwin. Worse Than Nothing: The Dangerous Fallacy of Originalism Yale University Press, 2022.
Note! Citations contain only title, author, edition, publisher, and year published. Citations should be used as a guideline and should be double checked for accuracy. Citation formats are based on standards as of August 2021.
Staff View
Loading Staff View.