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    An Originalist Understanding of Minimalism

    Sherry, Suzanna
    : http://hdl.handle.net/1803/6367
    : 1993

    Abstract

    The main burden of Professor Perry's paper is to demonstrate that an originalist may, but need not, be a minimalist. In the course of this project, Perry reiterates his earlier arguments in favor of originalism. He also tentatively endorses minimalism as a background presumption, suggesting that non-minimalist or aggressive judicial review must be affirmatively justified and should be limited to questions that are "vulnerable to majority sentiment."1 His primary argument in favor of minimalism is a democratic or majoritarian one: as between historically plausible interpretations of the written Constitution, the people and their elected representatives, rather than the unelected judiciary, ought to prevail on policy questions.
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