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The Hollow Core of Constitutional Theory (Guest: Donald L. Drakeman)

May 17, 2022

In Episode 71 of Ill Literacy, Tim Benson talks with Donald L. Drakeman, author of “The Hollow Core of Constitutional Theory: Why We Need the Framers.”

Heartland’s Tim Benson is joined by Donald L. Drakeman, Distinguished Research Professor in the Program on Constitutional Studies at the University of Notre Dame, to discuss his new book, The Hollow Core of Constitutional Theory: Why We Need the Framers. They discuss how judges have historically tried to identify the will of the lawmaker in interpreting legal texts, how constitutional theory has drifted from this practice in both originalist and living constitutionalist interpretational theories, and why we need a return to the search for the Framers’ intentions.

Get the book here:  https://www.cambridge.org/us/academic/subjects/law/jurisprudence/hollow-core-constitutional-theory-why-we-need-framers?format=PB

Show Notes:

City Journal: Stone Washington – “The New Old Originalism?”
https://www.city-journal.org/the-hollow-core-of-constitutional-theory-why-we-need-the-framers

Claremont Review of Books: Hadley Arkes – “Originalism is Not Enough”
https://claremontreviewofbooks.com/originalism-is-not-enough/

The Federalist Society: “Original Meaning or Framers' Intent? A New Book and an Age-Old Debate” (VIDEO)
https://www.youtube.com/watch?v=t21Jb3GwwZ0

Federalist Society Review: Stephen B. Presser – “Should the ‘Hollow Core’ of Constitutional Theory Be Filled with the Framers’ Intentions?”
https://fedsoc.org/commentary/publications/should-the-hollow-core-of-constitutional-theory-be-filled-with-the-framers-intentions

Law & Liberty: Adam J. MacLeod – “The Problem-Solving Framers”
https://lawliberty.org/book-review/the-problem-solving-framers/

Law & Liberty: “Why the Framers’ Intentions Matter” (AUDIO)
https://lawliberty.org/podcast/why-the-framers-intentions-matter/

Article Tags
Constitutional Reform
Author
Tim Benson joined The Heartland Institute in September 2015 as a policy analyst in the Government Relations Department.
TBenson@heartland.org @HeartlandGR