Constitutional Originalism

Robert W. Bennett is Nathaniel L. Nathanson Professor of Law at Northwestern University and former dean of the school. He is the author of Talking It Through: Puzzles of American Democracy, also from Cornell, and Taming the Electoral College. Lawrence B. Solum is John E. Cribbet Professor of Law, Professor of Philosophy, and Associate Dean for Faculty and Research at the University of Illinois College of Law. He has written widely in jurisprudence and constitutional theory. His recent articles have appeared in the Harvard Law Review, the Virginia Law Review, and elsewhere. He is also the principal author of the Legal Theory Blog.

• PrefaceWe Are All Originalists NowLawrence B. SolumWhat Is Originalism?Should We Be Originalists?Originalism and Living ConstitutionalismOriginalism and the Living American ConstitutionRobert W. BennettOriginalism and Living ConstitutionalismWrestling with the Troubles of OriginalismImplications for Living ConstitutionalismLiving with a Living ConstitutionThe Failure of Originalism as RestraintLiving with OriginalismA Response by Lawrence B. SolumCan Original Meaning Constrain? The Levels-of-Generality PseudoproblemThe Role of Values in Constitutional ConstructionDead HandsTransitions and PrecedentOriginal Intent RevisitedOriginalism and PoliticsAre We All Living Constitutionalists Now?A Response by Robert W. BennettThe Interpretive Role of Nonoriginalism in Solum's SchemeExtent of Liveliness in Solum's Constitutional Law and Bennett'sNormative Choices in InterpretationOrdinary or Technical MeaningThe Limits of Constraint Based on LanguageNotesSuggested ReadingsIndex

In their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you've been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you.- Gerald J. Russello (City Journal) Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended.(Choice)