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originalism-and-the-good-constitution

TITLE : Originalism And The Good Constitution

Originalism and the good constitution is a major contribution to constitutional theory that has no obvious substitute or counterpart this book will be much noticed and much discussed as part of the growing debate over constitutionalismabstract in this article we argue that originalism advances the welfare of the present day citizens of the united states because it promotes constitutional interpretations that are likely to have better consequences today than those of nonoriginalist theoriesjohn mcginnis and michael rappaport argue that the text of the constitution and its amendments should be adhered to by the supreme court because it was enacted by supermajorities a text approved by supermajorities has special value in a democracy because it has unusually wide support and tends to maximize the welfare of the greatest numberthe thesis of this book is that judges ought to interpret legal textsincluding the constitutionaccording to their original meaning because of the good benefits that result from these interpretationsoriginalismthe view that the constitution should be interpreted according to its original meaninghas been an important principle of constitutional interpretation since the early republic

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