Worse than Nothing

The Dangerous Fallacy of Originalism

By: Erwin Chemerinsky

Narrated by: Daniel Henning

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.

Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.

©2022 Erwin Chemerinsky (P)2022 Tantor

Supreme Court and Conservatism Commented On

This is an outstanding review of SCOTUS decisions over the past third of a century. It is presented by 2021’s most quoted Constitutional professor and would be a great review for any law student while it is said in plain language, showing the severe expectations of more decisions overturning settled laws to come.

Masterfully researched and delivered

I went to my local bookstore and ordered ten copies. I will give copies to friends who I know will be delighted as well as some cordial acquaintances who might find it upsetting. The ease with which Professor Chemerinsky presents his argument about the fallacy of originalism makes this book utterly delightful.

Thorough and detailed

Takes an a side in an ongoing debate but does so openly and as part of an intellectual engagement. Very well done.

As a lay person

I found it clear and understandable. A lot of complex and nuanced concepts presented that I’d never known much less considered presented in a way that I could follow and understand. Thank you to the author.

Impeccably Logical, Backed by 100 Specific Example

Read Chemerinsky's engaging book that rigorously exposes Originalism for the bogus facade it has always been. Then read a book wherein Scalia tries to justify Originalism. The comparison will reveal the underlying vagueness of Scalia's writings and arguments.

A thoughtful rebuke of Originalism

Originalism has become a major school of thought at the Supreme Court. This book offers a cutting critique of the theory. It is breezy for such a heavy topic. While aimed squarely at lawyers and politicos the book is also for a broader audience interested in the high court.

A thorough look at Originalism

Mr. Chemerinsky exposes the farce of originalism for what it is a rhetorical gimmick of smoke and mirrors. We have already witnessed the buying of Justices, by Harlan Crow and the Koch brothers- something that our idealism had kept us blind too-The ideas espoused by Originalism do not comport with how I was brought up to think about or consider our Constitution (even in South Carolina). Great listen.

Well researched.

Excellent analysis of originalism. Great for lay people or lawyers. Highly recommend if you have any interest in this area.