Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-pftt2 Total loading time: 0 Render date: 2024-05-26T22:49:07.568Z Has data issue: false hasContentIssue false

3 - Interpretivism and Originalism

Published online by Cambridge University Press:  14 May 2010

Dennis J. Goldford
Affiliation:
Drake University, Iowa
Get access

Summary

The essential insight of the originalist paradigm in contemporary American constitutional theory is the proposition that the purpose of a constitution is to bind the future to a fixed, fundamental norm. Particularly noteworthy is the suggestion that it is the function of a constitution to stand as a bulwark against at least some aspects of historical change. A constitution, that is, exists not to facilitate change, for change is the norm. Rather, a constitution, insofar as it binds the future to a fixed, fundamental norm, exists to manage change, that is, to impose a structure on change, to channel it in some prescribed manner in accordance with that fixed, fundamental norm.

We thus encounter here the political manifestation of the classic philosophical problem of the relationship between permanence and change: The principle of permanence is represented by the Constitution, and the principle of change is represented by majority rule. In a constitutional democracy, where society is governed for the most part but not entirely by majority rule, a constitution plays a dual role. At one level, it secures to popular majorities and their representatives a space in which they may act freely to legislate certain rules and policies binding on everyone in society regardless of one's values or preferences to the contrary. In this sense we can say that a constitution enables or empowers majority rule, and thus does accommodate change. However, more fundamentally, a constitution establishes the outer boundaries of the space within which popular majorities may act.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×