Liberal Originalism: The Declaration of Independence and Constitutional Interpretation
22 Pages Posted: 18 Dec 2014
Date Written: December 16, 2014
This article is part of a law review symposium about "History and the Meaning of the Constitution." In the article I explain a theory of constitutional interpretation I named "liberal originalism" while I was writing my Ph.D. dissertation (later, my first book). Next, I assess the criticisms of liberal originalism, Justice Clarence Thomas's use of liberal originalism, and the reaction to Justice Thomas's liberal originalism. I conclude the article with a brief discussion of the future of liberal originalism.
Keywords: originalism, constitutional interpretation, Justice Thomas, history, Constitution
Suggested Citation: Suggested Citation