2011•Journal of legislationOpen access

Originalism as Popular Constitutionalism: Theoretical Possibilities and Practical Differences

Lee J. Strang

Abstract

The article presents information on originalism as a popular constitutionalism. It includes information on popular constitutionalism as a movement in the American legal academy and informs about originalism's relationship with popular constitutionalism that depends on the conception of originalism one adopts. It suggests various reasons for the liberal conservative divide between originalism and popular constitutionalism despite their theoretical compatibility.

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Key concepts: Originalism, Constitutionalism, Original meaning, Constitution, Law, Constitutional theory, Constitutional interpretation, Constitutional law