Abstract

http://ssrn.com/abstract=2137768
 


 



Two Cheers for the Constitution of the United States: A Response to Professor Lee J. Strang


Patrick McKinley Brennan


Villanova University School of Law

June 7, 2012

Fordham Law Review, Vol. 80, No. 104, 2012
Villanova Law/Public Policy Research Paper No. 2013-3003

Abstract:     
This article is an invited response to Professor Lee Strang’s article Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism, 80 Fordham L. Rev. 1997 (2012). Strang defends original public meaning originalism from a virtue theoretic perspective that he traces to the “central Western tradition” and ultimately to Aristotle. I reply that those committed to that tradition do better (1) to reject original pubic meaning originalism, (2) to embrace some version of original intent originalism, and (3) to defend the original intent meaning of the U.S. Constitution only with important reservations and on certain conditions. The original sin of original public meaning originalism, I argue, is that it illegitimately suppresses the lawgiver. Larry Solum’s argument that we should treat law as a “message in a bottle” provides a vehicle for showing how the lawmaker is not given his or her due in original public meaning originalism.

Number of Pages in PDF File: 12

Keywords: virtue, originalism, original public meaning, lawgiver, separation, church, state, framers

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Date posted: September 1, 2012  

Suggested Citation

Brennan, Patrick McKinley, Two Cheers for the Constitution of the United States: A Response to Professor Lee J. Strang (June 7, 2012). Fordham Law Review, Vol. 80, No. 104, 2012; Villanova Law/Public Policy Research Paper No. 2013-3003. Available at SSRN: http://ssrn.com/abstract=2137768

Contact Information

Patrick McKinley Brennan (Contact Author)
Villanova University School of Law ( email )
299 N. Spring Mill Road
Villanova, PA 19085
United States
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