Document Type
Article
Publication Date
2015
Abstract
The conservative legal movement is in the midst of a great debate about its future. For decades, originalism — the theory that the original meaning of the Constitution is binding on today's interpreters — has been the default theory of legal conservatism, and so it remains today. But the struggle within legal conservatism is about the very meaning of originalism, as novel theories have challenged longstanding beliefs about originalism's core philosophical premises.
Recommended Citation
Joel Alicea, Originalism and the Rule of the Dead, 23 NAT’L AFF. 149 (2015).