Worse Than Nothing

audiobook (Unabridged) The Dangerous Fallacy of Originalism

By Erwin Chemerinsky

cover image of Worse Than Nothing
Audiobook icon Visual indication that the title is an audiobook

Sign up to save your library

With an OverDrive account, you can save your favorite libraries for at-a-glance information about availability. Find out more about OverDrive accounts.

   Not today
Libby_app_icon.svg

Find this title in Libby, the library reading app by OverDrive.

app-store-button-en.svg play-store-badge-en.svg
LibbyDevices.png

Search for a digital library with this title

Title found at these libraries:

Loading...
Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation 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.
Worse Than Nothing