Constitutional Conversations with the Past, Present, and Future
摘要
The increasingly dominant approach to constitutional interpretation embraced by the Supreme Court of the United States is known as “originalism.” This approach, witnessed in recent decisions regarding gun rights and abortion, is fixated in unearthing the meaning of constitutional provisions based on how they were understood when ratified. Not only is such an approach not concerned with the future, its backward-looking fixation means that it is not even connected to present day.