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THE MISUNDERSTOOD RELATIONSHIP BETWEEN ORIGINALISM AND POPULAR SOVEREIGNTY.

Authors :
Prakash, Saikrishna B.
Source :
Harvard Journal of Law & Public Policy. Spring2008, p485-491. 7p.
Publication Year :
2008

Abstract

The article focuses on the misunderstood relationship between originalism and popular sovereignty. It contests the interpretive assertion by proponents of popular sovereignty that originalism is a legitimate means of making sense of the Constitution merely or primarily because of the manner in which the U.S. Constitution was ratified and amended. It states that originalism has no special claim to legitimacy merely because the Constitution was the product of an act of popular sovereignty.

Details

Language :
English
ISSN :
01934872
Database :
Academic Search Index
Journal :
Harvard Journal of Law & Public Policy
Publication Type :
Academic Journal
Accession number :
32024813