Originalism Versus Living Constitutionalism: The Conceptual Structure of the Great Debate

Lawrence B. Solum

Journal: Northwestern University Law Review

Volume: 113

First Page: 1243

Year: 2019

Bluebook Citation: 113 NW. U. L. REV. 1243 (2019)

Author: Lawrence B. Solum: all 45 publications


Abstract

The great debate between originalism and living constitutionalism ought to focus on the merits, including normative arguments for and against various forms of each theory. Frequently, however, discussion turns to disputes about definitions and concepts. This Essay investigates the conceptual structure of the great debate. It lays out a variety of issues that arise when theorists attempt to define “originalism” and “living constitutionalism” and proposes criteria for settling definitional disputes.

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