Honors College Theses
Publication Date
4-30-2025
Major
Philosophy (B.A.)
Release Option
Open Access
Faculty Mentor
Dr. Paul Tubig
Abstract
The method from which we approach Constitutional interpretation would obviously hold a great deal of significance in our government structure, yet the modern judiciary is plagued by a constant debate between Living Constitutionalism and Originalism. The latter of these ideas has become rather prominent amongst the justices, with six of the nine current Supreme Court justices being self-proclaimed practitioners of originalism. An idea which portrays itself as the only logical way to approach a Constitution, this thesis seeks to prove that despite its popularity, originalism is little more than a tool to expand conservative policies within the courts in precisely the same ways it denounces and seeks to solve through its creation. To achieve this, works by prominent originalists such as Antonin Scalia and Robert Bork, cases such as Dobbs v. Jackson, and other publications by legal scholars will be utilized to not only shine light on the issues present with originalism, but also attempt to justify why they are irredeemable and self-destructive.
Recommended Citation
Eidson, Banks T., "The Gilded Approach: A Critique of Constitutional Originalism" (2025). Honors College Theses. 1049.
https://digitalcommons.georgiasouthern.edu/honors-theses/1049
