19 Pages Posted: 29 Jun 2015 Last revised: 1 Oct 2015
Date Written: June 26, 2015
This short essay argues that originalism is in a Kuhnian ("The Structure of Scientific Revolutions") crisis due to the theory's epistemic closure, ideological nature, and immodesty. After detailing the evidence for each of the three issues, the paper contends that originalism will eventually, and perhaps soon, be relegated to the dustbin along with other discarded normative theories of constitutional interpretation.
Keywords: originalism, new originalism, constitutional theory, political science, history
Suggested Citation: Suggested Citation
TerBeek, Calvin J., Originalism's Obituary (June 26, 2015). Utah Law Review, 2015. Available at SSRN: https://ssrn.com/abstract=2623813
By Brian Leiter
By Jack Balkin