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Cosmic Constitutional TheoryWhy Americans Are Losing Their Inalienable Right to Self-Governance$
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J. Harvie Wilkinson

Print publication date: 2012

Print ISBN-13: 9780199846016

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199846016.001.0001

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Activism Masquerading as Restraint

(p.33) Chapter Two Originalism
Cosmic Constitutional Theory

J. Harvie Wilkinson

Oxford University Press

This chapter analyzes Judge Robert Bork's theory of originalism. It argues that originalism, despite its importance in constitutional adjudication, suffers from that all-too-common infirmity of cosmic constitutional theory: a lack of judicial restraint. In the case of originalism, this failing assumes almost a tragic dimension, because more than any other theory, it tried so earnestly and so hard to be an exemplar of the modest virtues.

Keywords:   originalism, Robert Bork, cosmic constitutional theory, American constitutional law, constitutional adjudication

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