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from Part II - Originalism Is the Best Explanation of Our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation
Published online by Cambridge University Press: 19 July 2019
In this chapter, I show that originalism is the most normatively attractive interpretive methodology because it best secures the background conditions under which Americans can pursue their own individual human flourishing. Originalism does so by enabling the Constitution to overcome coordination problems and thereby secure the common good. I call this the law-as-coordination account of originalism. It is a natural law justification for the American Constitution. This argument proceeds in four parts.
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