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Title: Worse than Nothing
Author: Erwin Chemerinsky
Narrator: Daniel Henning
Format: mp3
Length: 7 hrs and 9 mins
Release date: 09-27-22
Ratings: 4.5 out of 5 stars, 73 ratings
Genres: Political
Publisher's Summary:
Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.