Liberal Originalism: The Declaration of Independence and Constitutional Interpretation

22 Pages Posted: 18 Dec 2014

See all articles by Scott D. Gerber

Scott D. Gerber

Ohio Northern University - Pettit College of Law

Date Written: December 16, 2014

Abstract

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

Gerber, Scott D., Liberal Originalism: The Declaration of Independence and Constitutional Interpretation (December 16, 2014). Cleveland State Law Review, Vol. 63, No. 1, 2014. Available at SSRN: https://ssrn.com/abstract=2539115

Scott D. Gerber (Contact Author)

Ohio Northern University - Pettit College of Law ( email )

525 South Main Street
Ada, OH 45810
United States

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