Originalism and Constitutional Amendment

This paper identifies a problem that constitutional amendment uniquely poses for originalist theories of constitutional interpretation, namely: how to reconcile changes to a constitution’s text that enact a new set of understandings (‘amenders’ understanding’) against the understandings of the constitution’s framers (‘original understanding’). This problem presents a significant challenge for originalism that has largely been...

Panel 117, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM