The fixation thesis: the role of historical fact in original meaning

The meaning of the constitutional text is fixed when each provision is framed and ratified: this claim can be called the Fixation Thesis. This article examines the role of the Fixation Thesis in contemporary originalist constitutional theory. It then states the affirmative case for the Fixation Thes...

Full description

Saved in:
Bibliographic Details
Published in:The Notre Dame law review 2015-11, Vol.91 (1), p.1
Main Author: Solum, Lawrence B
Format: Article
Language:English
Subjects:
Constitutional history
Constitutional law
Constitutions
Interpretation and construction
Law
Theory
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The meaning of the constitutional text is fixed when each provision is framed and ratified: this claim can be called the Fixation Thesis. This article examines the role of the Fixation Thesis in contemporary originalist constitutional theory. It then states the affirmative case for the Fixation Thesis.
ISSN:0745-3515