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The Corruption of Constitutional Conservatism

Claremont Review of Books Digital, February 29, 2016

George Mason Legal Studies Research Paper No. LS 16-14

9 Pages Posted: 26 Mar 2016  

Nelson Lund

George Mason University School of Law

Date Written: February 29, 2016

Abstract

This very short essay elaborates on Justice Alito’s comment that the Supreme Court’s decision on same-sex marriage in Obergefell v. Hodges, is evidence of “the deep and perhaps irremediable corruption of our legal culture’s conception of constitutional interpretation.” One contributor to this corruption has been the success of Jack Balkin’s “living originalism,” which flies the false flag of originalism in order to advance the progress of living constitutionalism. Balkin has begun to enlist prominent originalists, including Steven Calabresi, in this operation, which will make it harder for the next generation of law students to learn what genuine originalism is.

Keywords: 14th Amendment, Justice Samuel Alito, caste systems, constitutional law, construction, gay marriage, interpretation, living constitutionalism, Obergefell, originalism, original meaning, same-sex marriage, Supreme Court

Suggested Citation

Lund, Nelson, The Corruption of Constitutional Conservatism (February 29, 2016). Claremont Review of Books Digital, February 29, 2016; George Mason Legal Studies Research Paper No. LS 16-14. Available at SSRN: https://ssrn.com/abstract=2754159

Nelson Lund (Contact Author)

George Mason University School of Law ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8045 (Phone)

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