See Also Response

Comparative Originalism

Prof. David Fontana
Vol. 88, Issue 1
Responding to Prof. Jamal Greene, On the Origins of Originalism
Posted on November 17, 2010
88 Texas L. Rev. See Also 189

In response to Prof. Greene’s article, Prof. Fontana discusses some complications of Prof. Greene's arguments. Prof. Fontana argues that comparing the United States with Canada and Australia involves comparing quite different countries, because the Canadian and Australian constitutions reorganized preexisting institutions, whereas the United States had more of a nation-creating, revolutionary constitution. Other countries that arose out of more revolutionary events, such as certain post-colonial African and Latin American nations, have also tended to feature originalist arguments. Prof. Fontana argues that, when the nation predates the creation of a constitution, key cultural and political understandings also predate the constitution, thereby diminishing the importance of originalism.