Abstract

http://ssrn.com/abstract=2165094
 


 



Foreword: Contextualizing the Debate between Originalism and the Living Constitution


Miguel Schor


Drake University Law School

October 21, 2012

Drake Law Review, Vol. 59, pp. 961-72, 2011
Drake University Law School Research Paper No. 12-29

Abstract:     
One of the most important contemporary constitutional debates is whether the meaning of the Constitution may evolve in light of current circumstances, or whether the Constitution should be interpreted in accordance with how the text was understood by the public that ratified it. The 2011 Drake Constitutional Law Center Symposium addressed this debate by examining Professor David Strauss’s The Living Constitution, which argues the Constitution should be interpreted as a living document using the techniques of the common law. The participants included Keith Whittington, the William Nelson Cromwell Professor of Politics, Princeton University; Rebecca Brown, the Newton Professor of Constitutional Law, University of Southern California; and Will Waluchow, the Senator William McMaster Chair in Constitutional Studies, McMaster University.

This foreword is divided into two parts. Part II briefly contextualizes the debate temporally and spatially. Oddly, scholars have largely ignored the societal and historical context of the debate as well as whether Americans might learn from how constitutional courts abroad deal with analogous interpretive problems. Intellectual debates do not occur in a vacuum, however, but are shaped by wider social and political struggles. Part III summarizes the superb papers presented at the symposium.

Number of Pages in PDF File: 12

Keywords: Constitutional Theory, Originalism, Living Constitution, Comparative Constitutionalism

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Date posted: October 22, 2012  

Suggested Citation

Schor, Miguel, Foreword: Contextualizing the Debate between Originalism and the Living Constitution (October 21, 2012). Drake Law Review, Vol. 59, pp. 961-72, 2011; Drake University Law School Research Paper No. 12-29. Available at SSRN: http://ssrn.com/abstract=2165094

Contact Information

Miguel Schor (Contact Author)
Drake University Law School ( email )
2621 Carpenter Ave.
Des Moines, IA 50311
United States
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