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The misunderstood relationship between originalism and popular sovereignty.
- Article from:
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Harvard Journal of Law & Public Policy
- Article date:
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March 22, 2008
- Author:
- Prakash, Saikrishna B.
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Copyright informationCOPYRIGHT 2008 Harvard Society for Law and Public Policy, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Since The Tempting of America was published, (1) many originalists, seeking to justify their preference for adhering to the original meaning of the Constitution, have taken up the banner of popular sovereignty. (2) The Constitution, we are told, was ratified by "We the People." (3) According to many, the popular ratification of the Constitution and its many amendments grants the Constitution an enduring legitimacy. (4) Because popular sovereignty is said to be the principal basis of the Constitution's legitimacy, one ought to follow the meaning ascribed to the Constitution by "They the People"--namely, those who ratified the Constitution and its amendments over the course of ...