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Meaning and Understanding in the History of Constitutional Ideas: The Intellectual History Alternative to Originalism

Saul Cornell

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Abstract

A CONSTITUTIONAL HISTORY (2005).On the cultural and political appeal of originalism, see Jamal Greene, Selling Originalism, 97 GEO.L.J. 657 (2009).Randy Barnett argues that originalism has made "quite a splash" and "has proven to be significant in litigation."See Randy E. Barnett, The Gravitational Force of Originalism, 82 FORDHAM L. REV.411, 412 (2013).Others have argued that the actual impact of originalism on American law has been far more modest.See Lawrence Rosenthal, Originalism in Practice, 87 IND.L.J. 1183, 1232-42 (2012) (arguing that the number of cases actually resolved by originalist methodology remains small).2. See

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A CONSTITUTIONAL HISTORY (2005).On the cultural and political appeal of originalism, see Jamal Greene, Selling Originalism, 97 GEO.L.J. 657 (2009).Randy Barnett argues that originalism has made "quite a splash" and "has proven to be significant in litigation."See Randy E. Barnett, The Gravitational Force of Originalism, 82 FORDHAM L. REV.411, 412 (2013).Others have argued that the actual impact of originalism on American law has been far more modest.See Lawrence Rosenthal, Originalism in Practice, 87 IND.L.J. 1183, 1232-42 (2012) (arguing that the number of cases actually resolved by originalist methodology remains small).2. See

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A CONSTITUTIONAL HISTORY (2005).On the cultural and political appeal of originalism, see Jamal Greene, Selling Originalism, 97 GEO.L.J. 657 (2009).Randy Barnett argues that originalism has made "quite a splash" and "has proven to be significant in litigation."See Randy E. Barnett, The Gravitational Force of Originalism, 82 FORDHAM L. REV.411, 412 (2013).Others have argued that the actual impact of originalism on American law has been far more modest.See Lawrence Rosenthal, Originalism in Practice, 87 IND.L.J. 1183, 1232-42 (2012) (arguing that the number of cases actually resolved by originalist methodology remains small).2. See

Key concepts: Originalism, Meaning (existential), Original meaning, Constitutional law, Constitutional interpretation, Law, Epistemology, Constitutional theory

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