The Imaginary Constitution

19 Pages Posted: 14 Jul 2018 Last revised: 10 Aug 2018

See all articles by Suzanna Sherry

Suzanna Sherry

Vanderbilt University - Law School

Date Written: June 22, 2018

Abstract

How many ways can conservatives spin an originalist tale to support their deregulatory, small-government vision? The answer is apparently infinite. In a new book, Gary Lawson and Guy Seidman are the latest in a long line of scholars who insist that the real original meaning of the Constitution demands unwinding the regulatory state and substantially limiting the power of the federal government. They argue that the Constitution is a fiduciary instrument, specifically a power of attorney. After summarizing the book, this essay turns to three of its most important failings, each of which serves to make the book a work of politics, not history. In the end, their account is imaginative but their Constitution is imaginary.

Keywords: originalism, constitution, constitutional history

Suggested Citation

Sherry, Suzanna, The Imaginary Constitution (June 22, 2018). Georgetown Journal of Law & Public Policy, Vol. 17, Forthcoming ; Vanderbilt Law Research Paper No. 18-37. Available at SSRN: https://ssrn.com/abstract=3201281

Suzanna Sherry (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-322-0993 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
179
rank
163,501
Abstract Views
530
PlumX Metrics