This article is part of a law review symposium about "History and the Meaning of the Constitution." In the article I explain a theory of constitutional interpretation I named "liberal originalism" while I was writing my Ph.D. dissertation (later, my first book). Next, I assess the criticisms of liberal originalism, Justice Clarence Thomas's use of liberal originalism, and the reaction to Justice Thomas's liberal originalism. I conclude the article with a brief discussion of the future of liberal originalism.
Tuesday, December 23, 2014
Gerber on Liberal Originalism
Scott D. Gerber, Ohio Northern University Pettit College of Law, has posted Liberal Originalism: The Declaration of Independence and Constitutional Interpretation, which appears in the Cleveland State Law Review 63 (2014). Here is the abstract: