The Constitutional Communication Model of Originalism

@article{Strang2019TheCC,
  title={The Constitutional Communication Model of Originalism},
  author={Lee J. Strang},
  journal={Originalism's Promise},
  year={2019}
}
  • L. Strang
  • Published 1 August 2019
  • Philosophy
  • Originalism's Promise
In Chapter 1, I described originalism’s current status, and I noted the many areas of current debate among originalists. My description was ecumenical because it did not “take sides” in the debates. 
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References

SHOWING 1-10 OF 147 REFERENCES
The Anti-Federalist Papers and the Constitutional Convention Debates
The dissenting opinions of Patrick Henry and others who saw the Constitution as a threat to our hard-won rights and liberties.
Constructing a New American Constitution
The distinction between constitutional interpretation and constitutional construction has been taken up in various places in constitutional and legal scholarship. In this article, I reintroduce the…
Originalism as Faith
This essay discusses the role (or lack thereof) originalism plays in constitutional interpretation and critiques a recent article in the Columbia Law Review by University of Chicago Law Professor…
The New Originalism
New originalist theories of judicial review and constitutional interpretation that have emerged since the 1980s can be distinguished from an older set of theories that were predominant in the 1970s…
Original Meaning and Constitutional Redemption
This article responds to criticisms of my theory of constitutional interpretation offered in Abortion and Original Meaning, http://papers.ssrn.com/abstract=925558, and expands on various parts of the…
Originalism and the Sense-Reference Distinction
I deploy the sense-reference distinction and its kin from the philosophy of language to answer the question what in constitutional interpretation should, and should not, be able to change after…
An Originalism for Nonoriginalists
In this paper, I claim that, far from being defeated in the 80's, originalism is the prevailing method of constitutional interpretation (Part I), but it is an originalism based on an objective…
Handgun Prohibition and the Original Meaning of the Second Amendment
This article explores the connection between suggested handgun prohibition or confiscation and the Second Amendment by first resolving the controversy between the individual right view and the…
Original Intention and Public Meaning in Constitutional Interpretation
In recent years academic explanations of the originalist approach to constitutional interpretation have shifted the relevant inquiry from the subjective intent of the constitution-makers to the…
What's the Point of Originalism?
Many of today’s academic debates about originalism miss the main point, at least concerning the Supreme Court. Nothing in the Constitution says how the Supreme Court should make decisions or even…
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