Document Type

Article

Abstract

This Article responds to the nine contributions to the symposium

on Living Originalism. It considers nine different aspects of the argument

in the book: (1) why constitutions around the world contain

vague and abstract language, and how a constitution’s choice of language

connects to the purposes of a constitution; (2) the book’s theory

of democratic legitimacy; (3) how the book’s argument applies to

constitutional cultures outside the United States, and the relationship

between original and implied meanings; (4) the differences between

the book’s theory of constitutional interpretation and that of Ronald

Dworkin; (5) whether the book’s account of legal principles is consistent

with legal positivism; (6) the book’s account of the U.S. Constitution

as both “fallen” and as “higher law”; (7) whether a

“protestant” constitutional culture—in which citizens feel authorized

to state what the Constitution means for themselves—benefits or

harms democratic legitimacy; (8) the book’s account of the original

meaning of “commerce” as “intercourse,” and Congress’s power to

regulate interstate networks of transportation and communication;

and (9) the book’s message for living constitutionalists and constitutional

originalists.

Date of Authorship for this Version

2012

Included in

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