Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation “Chemerinsky . . . offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises—and if it could, no one would want what it is selling.”—David Cole, New York Review of Books 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.
✔ Author(s): Erwin Chemerinsky
✔ Title: Worse Than Nothing: The Dangerous Fallacy of Originalism
✔ Rating : 4.7 out of 5 base on (177 reviews)
✔ ISBN-10: 0300273983
✔ ISBN-13: 9780300273984
✔ Language: English
✔ Format ebook: PDF, EPUB, Kindle, Audio, HTML and MOBI
✔ Device compatibles: Android, iOS, PC and Amazon Kindle
Readers' opinions about Worse Than Nothing by Erwin Chemerinsky
Lucy Garraway
This book has reignited my passion for reading. It reminded me of the sheer joy that can be found in losing oneself in the pages of a good story. I can't wait to explore more books now.
Sydney Richardson
The depth of character development was astounding. I felt like I knew each person intimately, understanding their hopes, fears, and dreams. It made the story so much more meaningful.
Aileen Menzie
This book is a work of art. The language, the imagery, the symbolism - everything came together beautifully to create a memorable reading experience.
