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10 HLRe: Off Rec. 1 (2019-2020)

handle is hein.journals/hlreoffrec10 and id is 1 raw text is: 









                    ARTICLE




         ABANDON HOPE OF OBJECTIVE
 CONSTITUTIONAL INTERPRETATION ALL YE
                  WHO ENTER HERE:
  CHEMERINSKY'S EXPANSIVE NEW VIEW OF

      CONSTITUTIONAL INTERPRETATION

                      Michael Conklin*

    Erwin Chemerinsky's new book We the People: A Progressive
Reading  of the Constitution for the Twenty-First Century'
proposes  a  new   and  expansive  method  for constitutional
interpretation. Chemerinsky posits that there are five values in
the  Preamble   that   should  guide  interpretation  of  the
Constitution: democratic   governance, effective  governance,
justice, liberty, and equality.2 He then uses this inherently vague
standard to justify a variety of his personal policy preferences,
now constitutionally required under the new standard he
created. This standard seems to have no bounds, even allowing
Chemerinsky to label the Electoral College, which is expressly
established in the Constitution, as clear[ly] unconstitutional.H.3
Fans of Chemerinsky's past work, which draws on his extensive
knowledge of constitutional law to make highly thought-out and
persuasive arguments, will be highly disappointed by this book.
    Chemerinsky's proposal to interpret the Constitution based
on themes he has selected from the Preamble, such as effective


   *   Assistant Professor of Business Law, Angelo State University. While this article
is primarily a criticism I would like to state that I am an admirer of Erwin Chemerinsky
and have published positive reviews of his past work.
   1. ERWIN CHEMERINSKY, WE THE PEOPLE: A PROGRESSivE READING OF THE
CONSTITUTION FOR THE TWENTY-FIRST CENTURY (2018).
   2. Id. at 57-59.
   3. Id. at 88 (It is especially important for the Court to act because the political
process will never deal with the clear unconstitutionality of the Electoral College.).

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