Originalism is out, Common Good Constitutionalism is in
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A new constitutional theory, known as Common Good Constitutionalism, is being discussed as a potential replacement for originalism. The theory, which has been associated with Harvard, is being debated among legal scholars and commentators, with some embracing it and others rejecting it. The extent to which Common Good Constitutionalism will remake right-wing jurisprudence or gain widespread acceptance remains unclear.
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