Title: Two Essays on District of Columbia v. Heller
Abstract: The first of these companion essays, Heller and the New Originalism, forthcoming in the Ohio State Law Journal, argues that the new originalism, as exemplified in Heller, does not avoid the general kinds of difficulties associated with the old originalism, at least to the extent that the new originalism is defended as providing, in Justice Scalia's terms, a solid, rock-hard Constitution. It describes several difficulties with the new originalism as displayed in Heller, including the assumption that meanings are stable over long periods of time, the possibility that meanings of constitutional terms are contested at the time the terms are inserted into the Constitution, and the difficulty that meanings are necessarily indexed to the conditions under which words are used.
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
Indexed In: ['crossref']
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