Volume 18

Originalism and Legitimacy

by Scott Soames

This Article expounds and defends a distinctive originalist theory of the legal content and interpretation of American constitutional law against the non- originalist view presented by Richard Fallon in Law and Legitimacy in the Supreme Court. In addition to developing a strong but workable conception of what fidelity to the Constitution demands, I rebut the familiar claim that original-ism does not have the resources to reach some normative results that have widely been taken to be constitutive of any acceptable theory of constitutional law.

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