A text is just a text

Article Abstract:

Originalism is tautologically correct when it assumes that the act of interpretation of the Constitution is the equivalent of determining the writers' intent, but originalism's value as an interpretive tool is limited. Originalism provides no assistance on how to determine original intent. To the extent that originalism is an interpretive approach, it fails to identify political action to be taken. Originalism is also limited by the limitations of the authors of the text being interpreted. 18th century figures cannot be presumed to foresee 20th century problems.

Analysis, Hermeneutics

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The dead hand and constitutional amendment

Article Abstract:

Article V of the Constitution, which provides for constitutional amendment procedures, is an example of the dead hand influencing the law. The Framers of the Constitution created a constitution for the Constitution that delineates when the people may act to modify the Constitution. Article V, by providing a mechanism for change, asserts that the Constitution cannot otherwise be changed and provides an example that calls into question why past lawmakers should be able to limit the remedies available to present generations.

Laws, regulations and rules, Constitutional amendments

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