Document Type
Article
Publication Date
2012
Abstract
While Professor Noah Feldman has underlined the role Justice Hugo Black played in the development of modern originalism, it was not until Bork's article in 197 1 that the modern originalist movement took flight. [...]having just passed the 40th anniversary of that landmark essay, it is appropriate that we survey how modern originalism began, how it has changed, and what challenges lie ahead. According to Bork, judicial review by the Warren Court was founded on a flawed premise: that courts must "'make fundamental value choices' in order to 'protect our constitutional rights and liberties.'" But if the Constitution already makes those fundamental value choices, then for the Court to do so is profoundly illegitimate.\n Professors Neal Katyal and Michael Ramsey have made tentative forays into this field.
Recommended Citation
Joel Alicea, Forty Years of Originalism, POL’Y REV., June-July 2012, at 69.