Remarks and observations concerning American law and cultural studies as it relates to courses taken by students in the University of Osnabrück's and University of Münster's foreign law programs.
28 November 2010
Originalism
How one should interpret the U.S. Constitution is a hotly debated topic in the United States. At the heart of this debate is whether the Constitution should be interpreted in a manner consistent with how the founders back in the 1780s would have interpreted it, or whether the Constitution should be interpreted to reflect changes in modern society. This idea of looking back 230 years to find the proper interpretation of the Constitution is called originalism. Prof. Lawrence Solum has an excellent primer on what originalism is and what all the hubbub is about.