Keith Whittington
Associate Professor of Politics
Princeton University
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Keith Whittington Associate Professor of Politics Princeton University
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Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review
Table of Contents
Preface xi
One: Constitutional Interpretation 1
Originalism and Interpretation 2
Interpretation and Construction 5
Defining Interpretive Standards 14
Two: The Dilemmas of Contemporary Constitutional Theory 17
Contemporary Constitutional Theory 18
The Nature and Purpose of Originalism 34
Three: The Authority of Originalism and the Nature of a Written Constitution 47
Originalism and the Written Constitution 50
The Non-originalist Text 61
Four: A Defense of Originalism and the Written Constitution 77
Accommodation, Politics, and Aspirations 77
Determinacy, History, and the Text 88
Five: Popular Sovereignty and Originalism 110
The Idea of Sovereignty and the Active Sovereign 113
Rethinking the Popular Sovereign 127
Originalism and Its Relation to the People 152
Six: The Nature of Limits of Originalist Jurisprudence 160
Of What Is and What Should Never Be 160
The Limits of Originalism and Interpretation 195
Conclusion: Interpretation and the Constitution as Law 213
Notes 221
Index 295