Thus, no matter what period is used, an originalist interpretation
of the First Amendment cannot justify the holding in Citizens United.
As well, an argument for an originalist interpretation
of section 28 does not necessarily translate to an argument that originalism should be used exclusively to interpret all Charter rights.
At first blush, the Court's rejection of the originalist interpretation
of the Quran seems hypocritical.
See Siegel, supra note 5, at 200 (concluding Court views "republican understandings of the [Second Amendment] antiquated"); Zulkey, supra note 55, at 235 (arguing originalist interpretation
of prefatory clause irreconcilable with practical public policy).
Simon, The Authority of the Framers of the Constitution: Can Originalist Interpretation
Thus, by defining interpretation as synonymous with originalist interpretation
, originalists appear to answer the normative question of how judges should decide constitutional cases.
Yet in cases advancing independent interpretations of the Alaska Constitution, courts rarely explicitly rely on an originalist interpretation
As a consequence, an originalist interpretation
of the Constitution could produce either broad concepts or narrow conceptions.
Yet, he also makes the telling point that an originalist interpretation
is inherently undemocratic, a fact that Madison accepted, but one that he balanced against the requirement that maintaining a constitutional republic depends on the ability of each generation to exercise "reflection and choice" in matters of constitutional interpretation.
Kalman writes that the Reagan administration's push for originalist interpretation
"seemed ridiculous to historians inside and outside the law schools.
A judge who has reached a plausible originalist interpretation
is then free to engage in "constitutional specification"--to decide, in other words, what the constitutional provision means in a given case or context.
arguments are problematic if viewed as originalist interpretation
The next Part examines the recent history and contemporary practice of originalist interpretation
to determine whether its outcomes are indeed so beyond the pale.
In this revised edition, the author updates his 2004 work with an afterword offering further reflections on individual popular sovereignty, originalist interpretation
, judicial engagement, and the forces exerted on several recent Supreme Court cases by the notion of original meaning.
If one examines Bryan's text, it cuts against Scalia's originalist interpretation
of the Second Amendment.