Professor Bartrum's essay contends that "one of the basic tenets of the 'New Originalism' -- the so-called 'contribution thesis' -- compromises our underlying commitment to the rule of law. By locating some binding substantive content of constitutional language in a historical record beyond the text itself, originalism undermines the fundamental concepts of formal legality and public accessibility. With these issues in mind, th[is] essay concludes that originalism is not a philosophical account of how the Constitution has meaning in our legal system, but is instead a judicial ideology intended to promote the constitutional policy judgments of an earlier generation."
The full text of Professor Bartrum's essay may be downloaded from SSRN.
Professor Bartrum joined the faculty in 2011, bringing expertise in constitutional law, constitutional theory, constitutional history, and law and religion. He taught previously at Drake Law School, Vermont Law School, and at Yale Law School as the Irving Ribicoff Fellow.
