Originalism in the Classroom

Document Type

Article

Publication Date

2011

Publication Title

Academic Questions

Keywords

originalism, constitutional law textbooks, teaching, constitutional interpretation

Abstract

Compared to the contest over constitutional interpretation in the literature, and certainly in contrast to the passions evinced by the professoriate, constitutional law textbooks are fairly staid and neutral. They are a canvas of doctrine, with some interpretive suggestions, allowing the teacher to elucidate, criticize, or ignore the originalist perspective as is his wont. Still, we can say that as in the opinions of the Supreme Court justices, in the sometimes vitriolic debate in the literature, and in the slaphappy world of the blogosphere, originalism in the classroom is praised, or ridiculed, or vilified, or studied with respect. In other words, originalism is alive and well.

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