Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Constitutional Law

2010

DePaul University

Articles 1 - 1 of 1

Full-Text Articles in Law

The End Of Originalism, Jeffrey Shaman Jan 2010

The End Of Originalism, Jeffrey Shaman

College of Law Faculty

This essay maintains that originalism—the idea that the Constitution should be interpreted according to its original meaning--is nearing its demise. Ironically, the beginning of the end of originalism may have been prompted by the Supreme Court’s decision in District of Columbia v. Heller, marking the first time that a majority of the Court signed onto an opinion emphatically taking an originalist slant. Heller may represent the apogee of originalism and, because it exposes the fundamental flaws of originalism, may also mark the beginning of its decline.

Originalism is a radical departure from the Supreme Court’s well-established jurisprudence ...