Robert H. Henry
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814770122
- eISBN:
- 9780814762806
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814770122.003.0011
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines originalism by focusing on the ideas of Justice John Marshall Harlan II, known for his dissent in the case of Poe v. Ullman in which he argued that the U.S. Constitution must be ...
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This chapter examines originalism by focusing on the ideas of Justice John Marshall Harlan II, known for his dissent in the case of Poe v. Ullman in which he argued that the U.S. Constitution must be interpreted in light of history and tradition, noting “[t]hat tradition is a living thing.” It first provides a bit of biography about Harlan to explain why he is so influential in interpretive debates. It then considers Poe v. Ullman as an example of Harlan's method and goes on to analyze his famed “living traditions” and his interpretive judicial restraint. It also discusses Harlan's argument that a court decision that departs from living traditions will not survive long.Less
This chapter examines originalism by focusing on the ideas of Justice John Marshall Harlan II, known for his dissent in the case of Poe v. Ullman in which he argued that the U.S. Constitution must be interpreted in light of history and tradition, noting “[t]hat tradition is a living thing.” It first provides a bit of biography about Harlan to explain why he is so influential in interpretive debates. It then considers Poe v. Ullman as an example of Harlan's method and goes on to analyze his famed “living traditions” and his interpretive judicial restraint. It also discusses Harlan's argument that a court decision that departs from living traditions will not survive long.
