Originalism: Historic and Philosophic Roots

Originalism: Historic and Philosophic Roots

 

This unit in the No. 86 video curriculum explores some key ideas that undergirded the writing of the Constitution: natural rights, separation of powers, mixed regime theory, federalism. These ideas came from varied sources: the British Constitutional experience, English and Scottish Enlightenment scholars, the French philosopher Montesquieu, and others. The Constitution is a complex document, one that was ratified only after intense debate. Originalism explores that complexity so that we can better understand the document. But do all Originalists agree on how and why to approach this study of the Constitution?  

 

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4 of 6: Where does the Constitution get its authority? [No. 86]

What it is the fundamental origin of Constitutional power? Professor Jennifer Mascott discusses how the people of the United States are the ultimate source of authority. The methodology of Originalism helps us understand how the people who ratified ... What it is the fundamental origin of Constitutional power? Professor Jennifer Mascott discusses how the people of the United States are the ultimate source of authority. The methodology of Originalism helps us understand how the people who ratified the Constitution would have understood both the powers and limitations of the federal government.

Jennifer Mascott is an Assistant Professor of Law at the Antonin Scalia Law School. Professor Mascott writes in the areas of administrative and constitutional law.

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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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