Worse Than Nothing Book Reviews

AUTHOR
Erwin Chemerinsky
SCORE
4
TOTAL RATINGS
133

Worse Than Nothing by Erwin Chemerinsky Book Summary

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court’s nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.

Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be an inflexible and shows how it is often impossible to know what the “original intent” of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.

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Book Name Worse Than Nothing
Genre Law
Published
Language English
E-Book Size 762.51 KB

Worse Than Nothing (Erwin Chemerinsky) Book Reviews 2024

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Summary of Worse Than Nothing by Erwin Chemerinsky

The Worse Than Nothing book written by Erwin Chemerinsky was published on 09 June 2022, Thursday in the Law category. A total of 133 readers of the book gave the book 4 points out of 5.

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