A nonoriginalist perspective on the lessons of history

Article Abstract:

Nonoriginalists believe that constitutional meaning should not be based on the perspectives of a single historical group, be they the Framers of the Constitution or contemporary citizens. Originalists argue that judicial activism allows judges to depart from the will of the majority, but they go on to adhere to the will of 18th century majorities over the will of contemporary majorities. Both originalism and nonoriginalism are based on political theories, and nonoriginalists assert that original intent should be one of several factors considered in judicial interpretation.

Laws, regulations and rules, Equality before the law, Equal protection

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Class legislation, public choice, and the structural constitution

Article Abstract:

Theories of originalism and public choice fall short of aiding in the understanding and interpretation of the Constitution of 1789 and of 1868. Originalism displays the hazards of unlimited use of public choice theory and public choice theory reveals the constitutional Founders' underlying economic assumptions. Distinguishing the public from the private interest becomes an academic conundrum.

Analysis, Evaluation, Criticism and interpretation, Law and economics, Law and economics (Jurisprudence), Social choice, Cooley, Thomas M.

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