This essay contends that one of the basic tenets of the "New Originalism"--the so-called "contribution thesis"--compromises our underlying commitment to the rule of law. By locating some binding substantive content of constitutional language in a historical record beyond the text itself, originalism undermines the fundamental concepts of formal legality and public accessibility. With these issues in mind, the essay concludes that originalism is not a philosophical account of how the Constitution has meaning in our legal system, but is instead a judicial ideology intended to promote the constitutional policy judgments of an earlier generation.
- Rule of Law,
- Contribution Thesis,
- Sean Wilson
Available at: http://works.bepress.com/ian_bartrum/18/