Gerber on Liberal Originalism in Connecticut Constitutional Interpretation @QuinnipiacLRev

Scott D. Gerber, Ohio Northern University College of Law, is publishing Liberal Originalism in Connecticut Constitutional Interpretation in the Quinnipiac Law Review. Here is the abstract.

This Article is my contribution to a Quinnipiac Law Review symposium about the history of the Connecticut constitution. The first part of the Article explains what liberal originalism is. The second section chronicles the “higher law” background of colonial Connecticut. The third portion describes Connecticut’s profound commitment to the Declaration of Independence. The fourth segment assesses the draft U.S. Bill of Rights written in the hand of Connecticut’s own Roger Sherman. The conclusion maintains that a liberal originalist approach to interpreting the Connecticut constitution is preferable to the less generous approach to deciding individual rights cases articulated by the Connecticut Supreme Court in State v. Geisler (1992).

Download the article from SSRN at the link.