Living constitutionalism is largely dead. So, too, is old-style originalism. Instead, there is increasing convergence in the legal academy around what might be called “new textualism.” The core principle of new textualism is that constitutional interpretation must start with a determination, based on evidence from the text, structure, and enactment history, of what the language in the Constitution actually means.This ties into the new themes in philosophy.
"...what the language in the Constitution actually means." I really thought we were beyond this shit.
No comments:
Post a Comment
Comment moderation is enabled.