7/12/2019

Originalism: A Unitarian Church for the Legal Profession?

"One can give an Ackermanian rendition of our present moment as a delayed triumph of the Reagan Revolution’s constitutional project. As Professor Ackerman himself explains in a new and riveting book on Revolutionary Constitutions around the world, it isn’t unusual for constitutional movements to coalesce and to develop institutional muscle only over time. Nor is it at all unusual to see the constitutional projects of charismatic politicians (Alcide de Gasperi, for example, or Charles de Gaulle) implemented at a later time by hacks and clowns and even by authoritarians who try and then fail to govern by emergency decree (Indira Gandhi). Nor, finally, is it at all unusual for constitutional courts to bide their time in asserting a constitutional understanding that transcends the old order."