The American Constitution and the Debate over Originalism

Extract

The American Constitution and the Debate over Originalism. By Dennis J. Goldford. New York: Cambridge University Press, 2005. 305p. $75.00 cloth, $29.99 paper.

The most common way to think about questions of constitutional interpretation is in terms of the debate between originalism and living constitutionalism. Both sides in that debate assert their fidelity to the true meaning of “the text” by talking about something else, the original understanding of the ratifiers or contemporary societal norms. Dennis Goldford wants to restructure that discussion; he wants to open up the black box of “the text” and make it the subject of the discussion. This, he insists, is the only way to resolve the “Madisonian dilemma” of reconciling democratic values with the idea of a binding constitution.