Lee J. Strang (University of Toledo College of Law) has posted Originalism as Popular Constitutionalism?: It Depends on SSRN. Here is the abstract:
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In this Article, I accomplish two goals: first, I briefly describe the rise of popular constitutionalism as a movement in the legal academy along with its basic tenets; and second, I demonstrate that, given the diversity of originalist scholarship, originalism’s relationship to popular constitutionalism depends on the version of originalism one adopts. In the heart of Originalism as Popular Constitutionalism? I describe five axes upon which originalism pivots toward or away from popular constitutionalism. My claim is that the nuances of contemporary originalist scholarship - characterized by these five axes - make it impossible to definitively describe the relationship between originalism and popular constitutionalism.
