✨ Featured Offer
Brand New
$16.78
List Price: $20.00
🚚
See all 6 offers from $14.80 FREE standard delivery by: 30 Mar 2026
Overview
Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation
"Chemerinsky . . . offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises--and if it could, no one would want what it is selling."--David Cole, New York Review of Books
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.
Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
"Chemerinsky . . . offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises--and if it could, no one would want what it is selling."--David Cole, New York Review of Books
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.
Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
| ISBN-13 | 9780300273984 |
|---|---|
| ISBN-10 | 0300273983 |
| Weight | 0.63 Pounds |
| Dimensions | 5.75 x 0.75 x 8.50 In |
| List Price | $20.00 |
| Edition | 1st Edition |
| Format | Paperback |
|---|---|
| Language | English |
| Pages | 264 pages |
| Publisher | Yale University Press |
| Published On | 2023-06-06 |
View All Offers
Sort by:
Price
Condition
Seller
Seller Comments
Price
Used, Good
Seller details
GreatBookPrices-
Columbia, MD, USA
Trade paperback (US). Glued binding. 264 p. May show signs of wear, highlighting, writing, and pre...
Free delivery by: 01 Apr 2026
✨ Brand New
Seller details
Bookstores.com
Free delivery by: 30 Mar 2026
Used, Good
Seller details
SurplusTextSeller
Columbia, MO, USA
Ships in a BOX from Central Missouri! May not include working access code. Will not include dust j...
Free delivery by: 01 Apr 2026
Used, Like New
Seller details
Books From California
Simi Valley, CA, USA
As New Condition-Over 500, 000 Internet Orders Shipped.
Free delivery by: 01 Apr 2026
Used, Good
Seller details
BooksRun
Philadelphia, PA, USA
It's a preowned item in good condition and includes all the pages. It may have some general signs ...
Free delivery by: 01 Apr 2026
Brand New
Seller details
Alibris
Sparks, NV, USA
Trade paperback (US). Glued binding. 264 p.
Free delivery by: 01 Apr 2026