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

5 Pages Posted: 26 Sep 2012

See all articles by Stephen L. Mikochik

Stephen L. Mikochik

Ave Maria School of Law; Temple University James E. Beasley School of Law

Date Written: December 1, 1988

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

Suggested Citation

Mikochik, Stephen L. and Mikochik, Stephen L., Recalling the Origins of Original Intent: A Response to Robert Reinstein (December 1, 1988). Temple Law Review, Vol. 61, No. 4, 1988, Available at SSRN: https://ssrn.com/abstract=2115948

Stephen L. Mikochik (Contact Author)

Temple University James E. Beasley School of Law ( email )

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Philadelphia, PA 19122
United States
215-204-8962 (Phone)
215-204-1185 (Fax)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States

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