Is Originalism Internal or External to the Constitution? [No. 86]

Professor Lawrence Solum argues that originalism has to be both internal and external to the Constitution, for different reasons. The Constitution is a written document, designed to be binding, so all constitutional questions must examine the original internal meaning of the text. Originalism also needs to operate externally as a political theory to explain why the Constitution deserves to be binding in the first place.

Professor Lawrence B. Solum is the Carmack Waterhouse Professor of Law at the Georgetown University Law Center. He is an internationally recognized legal theorist, who works in constitutional theory, procedure, and the philosophy of law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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