When Should Original Meanings Matter?
Document Type
Article
Publication Date
2008
Abstract
Constitutional theory lacks an account of when each of the familiar methods of interpretation - textualism, originalism, stare decisis, and so on - should be used. The dominant tendency is to regard all methods as potentially applicable in every case. In contrast, this Article proposes that each method should be understood as applicable in some categories of cases but not in others, much as a physical tool is appropriate for some but not all kinds of household tasks. The Article then applies this approach to identify the categories of cases in which attention to original meaning is, or is not, a valid factor in constitutional decisionmaking.
Recommended Citation
Primus, Richard, "When Should Original Meanings Matter?" (2008). Public Law & Legal Theory Working Papers. 725.
https://repository.law.umich.edu/pub_law_archive/725