Diachronic Constitutionalism: A Remedy for the Court's Originalist Fixation
affiliation not provided to SSRN
Case Western Reserve Law Review, Vol. 60, No. 4, p. 1241, 2010
ABSTRACTThe article focuses on the interpretation of constitutional provisions by judges by the original meaning of the law. It presents the views of professor Lawrence Solum on the role of original meaning in constitutional interpretation and his fixation thesis. It discusses the U.S. court cases, District of Columbia v. Heller and McDonald v. City of Chicago, and a diachronic theory of constitutional meaning proposed to bridge the gap between the historical fact and the normative law.
Number of Pages in PDF File: 107
Keywords: Constitution, Second Amendment, Originalism, Living Constitutionalism, Diachronic, Synchronic, DC v. Heller, McDonald v. Chicago, Scalia, Stevens, SolumAccepted Paper Series
Date posted: February 29, 2012
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