After falling out of favor during the twentieth century, originalism has returned as a compelling and popular interpretive theory. Modern originalism is typically associated with political conservatives. In Reexamining Originalism, I argue that a progressive form of originalism is both more faithful to the Constitution and more similar to early originalism than conservative originalism. The key difference is that progressive originalism respects the Constitution's status as secondary law, whereas conservative originalism is overly concerned with preserving primary applications of law.
| Identifer | oai:union.ndltd.org:CLAREMONT/oai:http://scholarship.claremont.edu/do/oai/:cmc_theses-1660 |
| Date | 01 January 2013 |
| Creators | Kunselman, Shane |
| Publisher | Scholarship @ Claremont |
| Source Sets | Claremont Colleges |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | CMC Senior Theses |
| Rights | © 2013 Shane Kunselman |
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