Description
Book Synopsis: 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.
Details
Discover the truth behind the dangerously flawed and ideologically driven method of constitutional interpretation in "Worse Than Nothing: The Dangerous Fallacy of Originalism." Written by renowned legal scholar Erwin Chemerinsky, this book provides a concise and powerful refutation of the theory of originalism. No longer just a fringe theory, originalism has gained acceptance among justices in the Supreme Court and numerous judges in lower courts. However, Chemerinsky unveils the inherent flaws and incoherence of this approach, demonstrating why it is unworkable as a method of constitutional interpretation.
Unlike what its proponents claim, originalism falls short of delivering its promises and fails to provide the objective interpretation it purports to offer. Chemerinsky skillfully reveals how the framers of the Constitution never intended for their words to be rigidly interpreted. Instead, he sheds light on the complexities of understanding the "original intent" and highlights the challenges of determining the true meaning of constitutional provisions.
One of the most troubling aspects of originalism is its tendency to conveniently vanish when its outcomes don't align with modern conservative ideology. Chemerinsky exposes this biased nature, questioning the neutrality and objectivity claimed by originalism's supporters. Through his thorough analysis, he dismantles the myth that originalism is a politically neutral approach to constitutional interpretation.
Don't be misled by the allure of originalism. Gain a deep understanding of its pitfalls and dangers by diving into "Worse Than Nothing: The Dangerous Fallacy of Originalism." Challenge the widely accepted narrative and equip yourself with the knowledge to see through the flawed interpretations. Click here to empower yourself with this eye-opening book.
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