Jump to ContentJump to Main Navigation
The Embattled Constitution$
Users without a subscription are not able to see the full content.

Norman Dorsen

Print publication date: 2013

Print ISBN-13: 9780814770122

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814770122.001.0001

Show Summary Details
Page of

PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 20 May 2022

Our Eighteenth-Century Constitution in the Twenty-First-Century World

Our Eighteenth-Century Constitution in the Twenty-First-Century World

(p.107) 4 Our Eighteenth-Century Constitution in the Twenty-First-Century World
The Embattled Constitution

Diane P. Wood

NYU Press

This chapter examines the deficiencies of originalism as a guide to constitutional and statutory interpretation. More specifically, it considers whether the U.S. Constitution—an eighteenth-century document with eighteenth-century Bill of Rights and seventeen other Amendments—is still up to the job. It also explores how well the Constitution is serving the demands we are placing upon it, particularly in the area of individual rights, or what international scholars call human rights. Finally, it discusses how the Constitution should be interpreted in the twenty-first century and what it has to say on questions unimaginable to its framers. It argues that the way to amend the Constitution would be to focus on structural mechanisms, instead of refusing to recognize any constitutional right or structure that has not been spelled out in black and white in the document itself.

Keywords:   originalism, constitutional interpretation, statutory interpretation, U.S. Constitution, Bill of Rights, individual rights, human rights

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.