The original Constitution and our origins

Article Abstract:

Originalism in constitutional interpretation should not be characterized as the influence of a dead hand on contemporary society because the Constitution is based on an understanding of human nature that has endured over the centuries. The Framers of the Constitution understood that man's self-interest had to be constrained by separation of powers and other mechanisms. In constitutional interpretation, courts are beginning to return to this understanding, after fifty years of decisions that focused on social influences and not biological imperatives.

Psychological aspects, Human beings, Humans

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The dead hand of constitutional tradition

Article Abstract:

Arguments that seek to assert the authority of tradition in legal interpretation are simply attempts to justify a set of values that the advocate believes in. Originalist constitutional interpretation has been supported by claims that the Framers' authority cannot be questioned, that departure from tradition would be imprudent, that legislative sanction should be honored and that the past is better. Scholars are free to argue for the positions taken in the Constitution, but departure from original intent should not be dismissed as impossible.

Tradition (Philosophy)

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The original Constitution and its decline: a public choice perspective

Article Abstract:

The tenets of public choice theory are harmonious with the assumptions and goals of the Constitution's Framers. They were Enlightenment scholars who believed in progress through increases in knowledge and wealth and in the scientific predictability of the actions of humanity. Public choice theory's sharing of these ideas makes it particularly amenable for use in making constitutional interpretations and applications. The Framer's goals of limited government and maximum wealth production can be served with public choice theory.

Social choice

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