13min chapter

We the People cover image

Can the Constitution Serve as a Document of National Unity?

We the People

CHAPTER

The Rise and Evolution of Originalism: A Cultural and Judicial Analysis

The chapter explores the rise of originalism as a cultural force in the 1970s, contrasting it with earlier views of framers as socioeconomic elites, shifting to being associated with rights and anti-totalitarianism post-Civil Rights Movement. It delves into originalism as a theory of judicial restraint, discussing its evolution from limiting judges to impacting recent Supreme Court decisions, and debates among conservatives on different forms of originalism and its alignment with the Constitution's unifying role.

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