Document Type
Article
Publication Date
12-2015
ISSN
0068-0047
Publisher
Boston University School of Law
Language
en-US
Abstract
Michael W. McConnell has written an elegant and illuminating article about constitutional interpretation.' He seeks to show how five major methodological approaches fit together. The five approaches he discusses are: "originalism, precedent, longstanding practice, judicial restraint, and living constitutionalism (here called the normative approach)."'2 He distinguishes two camps with respect to these approaches. One camp, he notes, "advocates for (or against) a particular approach ... on the assumption that these approaches are mutually inconsistent and that the task is to determine which is best . . . .3 The other camp "treats the various common approaches as mere tools in the lawyerly toolbox."4
Recommended Citation
James E. Fleming,
The Moral Reading All Down the Line
,
in
95
Boston University Law Review
1801
(2015).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2830
