Jump to ContentJump to Main Navigation
Desperately Seeking CertaintyThe Misguided Quest for Constitutional Foundations$
Users without a subscription are not able to see the full content.

Daniel A. Farber and Suzanna Sherry

Print publication date: 2002

Print ISBN-13: 9780226238081

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226238104.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 28 January 2020

In the Beginning: Robert Bork and Other Originalists

In the Beginning: Robert Bork and Other Originalists

Chapter:
(p.10) Chapter 2 In the Beginning: Robert Bork and Other Originalists
Source:
Desperately Seeking Certainty
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226238104.003.0002

This chapter focuses on Robert Bork' theory and the theories of several other scholars who are foundationalists like Bork who endorse the simplest form of originalism and believe that the Constitution should be interpreted to reflect the public intentions of those who drafted and ratified it. Like most scholars, Bork is drawn to originalism primarily as a method of constraining judges from imposing their own values on democratic majorities. Judges should be guided by the original meaning of the Constitution in all future cases, but need not always overrule past cases even if those cases conflict with the true meaning of the Constitution. Thus, originalist theory requires radical changes in current constitutional law on the basis of a need to prevent judges from imposing their own values.

Keywords:   Robert Bork, foundationalist, originalism, judges, originalist theory, Constitution

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.