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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
    See Original
    Inverse View

    It is not the case that An interpretive theory that appeals to the abstract intentions of constitutional authors over their concrete historical understandings may not qualify as genuine originalism and may instead collapse into living constitutionalism.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Genuine originalism is typically understood to be constrained by the original concrete understandings of constitutional provisions.
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    • 2.Appealing to abstract intentions over concrete historical understandings allows contemporary moral judgments to determine the extension of constitutional provisions.
      ?

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    • 3.A theory that allows contemporary moral judgments to determine constitutional meaning is functionally equivalent to living constitutionalism.
      ?

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