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The writing of the Constitution and the writing on the wall

Article Abstract:

The assurance that originalism provides in constitutional interpretation that the intent of the Framers is being carried out mindfully is false because of the degree to which constitutional jurisprudence has departed from that intent. Nonoriginalist interpretation is often criticized for its mindlessness, but originalism ultimately suffers the same fate. The Framers' attempt to limit federal powers through the enumerated powers doctrine has failed, and much constitutional doctrine that has replaced that approach is constitutional improvisation and not interpretation.

Federalism

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The proposed equal protection fix for abortion law: reflections on citizenship, gender, and the Constitution

Article Abstract:

The equal protection concerns of the US Constitution support abortion rights arguments better than the privacy-as-a-condition-of-liberty arguments adopted by the Supreme Court and many feminists. Many abortion rights supporters dislike the equality argument because it has been adopted by anti-abortion activists who claim the unborn have a right to equality. In fact, the Constitution does not imply either privacy or equality rights to the unborn. The abortion rights movement should not cede the equality argument because it actually supports their cause.

Laws, regulations and rules, Equality before the law, Equal protection, Political aspects, Abortion, Feminist jurisprudence

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Interpreting the Constitution: is the Intent of the Framers controlling? If not, what is?

Article Abstract:

Constitutional interpretation can be divided between the schools of original intent and noninterpretivism. The latter emphasizes that we live in a different world from the Framers and should use contemporary social values to inform our constitutional interpretation. Noninterpretevists also find key parts of the Constitution such as the Equal Protection and Due Process Clauses too vague to divine an original intent and think this vagueness should be filled in by the judge deciding a case. The noninterpretevists seem to have the upper hand at present.

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