Recalling the Origins of Original Intent: A Response to Robert Reinstein

Abstract

Both authors involved in this discussioon agree that expounding a Constitution requires flexibility in construction. However, the authors disagree about recognizing new rights so long as checks on majoritarian power are made in favor of the individual. The author reminds Professor Reinstein that it was the people and no other who created our Constitution, and any construction must keep in mind that it was their will that the document was meant to further. He argues that ot belies reason to think that the people would have created a judiciary with the breadth of unfettered power over elected bodies which Professor Reinstein would permit so long as that power was exercised in the name of the individual.

Keywords: original intent, constitutional construction, judiciary