Adrian Vermeule, a Harvard Law professor, proposes 'common-good constitutionalism,' which combines conservative values with a strong governmental role, as a critique of originalism. He argues that originalism is outdated and emphasizes the legitimacy of substantial governance aimed at achieving the common good, rather than prioritizing individual autonomy. Critics from both political ends express concern about potential authoritarian implications. Vermeule's ideas are gaining traction among some judges, suggesting a shift in judicial philosophy away from traditional interpretations of the Constitution.
Vermeule's common-good constitutionalism aims not to maximize individual autonomy but to ensure that the ruler has the power necessary to govern effectively.
Critics, including Garrett Epps, view Vermeule's common-good constitutionalism as a step toward authoritarianism, arguing it undermines democratic principles essential to Constitutional governance.
#common-good-constitutionalism #originalism #adrian-vermeule #conservative-values #government-authority
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