TY  - GEN
AU  - Chemerinsky, Erwin 
TI  - Worse Than Nothing: The Dangerous Fallacy of Originalism
SN  - 9780300273984
U1  - 342.73029 CHE 
PY  - 2022///
CY  - New Haven
PB  - Yale University Press
KW  - Constitutional History
KW  - Law-Interpretation and construction
KW  - United States
N2  - 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
ER  -