|PDF Title :||Originalism in American Law and Politics|
|Total Page :||294 Pages|
|PDF Size :||1,114 KB|
|PDF Link :||Available|
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Originalism in American Law and Politics
The limitations of originalism on the Rehnquist Court form part of the conclusion about its place in American constitutional history after World War II.
Notwithstanding the ongoing and substantial originalist influence on theory and commentary, its failure fundamentally to reorient Supreme Court decision-making supports the view that American constitutional jurisprudence is best described empirically as an amalgam of plural modalities of argument that depend on competing conceptions of legal authority, which are never able wholly to displace one another.
While, as we have seen, originalism to some extent cut across the modalities of text, structure, and doctrine, its practitioners most commonly called upon the historical mode of argument to contest the legal liberalism they perceived as motivated by controversial ethical or political commitments insufficiently grounded in the original Constitution.
In attacking legal liberalism, then, originalism returned the historical (and less directly the textual and structural) modes of argument to more prominence, but it did not establish itself as the primary legitimate jurisprudential method.