Diachronic Constitutionalism: A Remedy for the Court's Originalist Fixation

107 Pages Posted: 29 Feb 2012

Date Written: 2010

Abstract

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.

Keywords: Constitution, Second Amendment, Originalism, Living Constitutionalism, Diachronic, Synchronic, DC v. Heller, McDonald v. Chicago, Scalia, Stevens, Solum

Suggested Citation

Schotter, Geoffrey, Diachronic Constitutionalism: A Remedy for the Court's Originalist Fixation (2010). Case Western Reserve Law Review, Vol. 60, No. 4, p. 1241, 2010. Available at SSRN: https://ssrn.com/abstract=2012703

Geoffrey Schotter (Contact Author)

affiliation not provided to SSRN ( email )

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