Citation

Hausman LM. Calif. West. Law Rev. 2024; 60(2): 315-365.

Copyright

(Copyright © 2024, School of Law, California Western University)

DOI

unavailable

PMID

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Abstract

The Article presented herein focuses on two different methods of constitutional interpretation: originalism and living constitutionalism. This Article seeks to explore the advantages and disadvantages of both methods of interpretation, while simultaneously focusing on how the gap between the two methods can be bridged. To do so, this Article evaluates the impact that an applied interpretation method can have (e.g., how cases are decided from the bench based on the way the justices interpret and understand the Constitution). To the extent that the methods of constitutional interpretation cannot be reconciled, this Article proposes solutions for how to bridge the gap between two seemingly juxtaposed methods of interpretation.

Language: en