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THE MISUNDERSTOOD RELATIONSHIP BETWEEN ORIGINALISM AND POPULAR SOVEREIGNTY.
- 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.
- Subjects :
- *SOVEREIGNTY
*CONSTITUTIONS
*LEGITIMACY of governments
*CONSTITUTIONAL law
Subjects
Details
- Language :
- English
- ISSN :
- 01934872
- Database :
- Academic Search Index
- Journal :
- Harvard Journal of Law & Public Policy
- Publication Type :
- Academic Journal
- Accession number :
- 32024813