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Political Capitalism and Constitutional Doctrine. Originalism in the U.S. Federal Courts

Author

Listed:
  • Thierry Kirat

    (CERCRID CNRS
    Université Jean Monnet, Saint-Etienne, France)

  • Frédéric Marty

    (Université Côte d'Azur, France
    GREDEG CNRS)

Abstract

The article argues that the constitution is an important dimension of political capitalism. It focuses on a constitutional doctrine in force in the United States, particularly within the Supreme Court: originalism. Originalism consists in a method of interpretation based on the original meaning of the constitution. The article offers a brief presentation of originalism. It then questions to what extent it provides a safeguard against political interference in the economy. Eventually, the article argues that originalism can be considered as part of political capitalism owing to the support provided by groups of interest in favor of originalist judges appointment.

Suggested Citation

  • Thierry Kirat & Frédéric Marty, 2025. "Political Capitalism and Constitutional Doctrine. Originalism in the U.S. Federal Courts," GREDEG Working Papers 2025-03, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France.
    • Handle: RePEc:gre:wpaper:2025-03
    as

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    References listed on IDEAS

    as
    1. Adam Bonica & Maya Sen, 2021. "Estimating Judicial Ideology," Journal of Economic Perspectives, American Economic Association, vol. 35(1), pages 97-118, Winter.
    2. Chen Daniel L. & Reinhart Eric, 2024. "The Disavowal of Decisionism: Politically Motivated Exits from the U.S. Courts of Appeals," Review of Law & Economics, De Gruyter, vol. 20(2), pages 289-321.
    3. Daniel Chen & Eric Reinhart, 2024. "The Disavowal of Decisionism in American Law: Political Motivation in the Judiciary," Post-Print hal-04850358, HAL.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    originalism; political economy; political capitalism; US Supreme Court;
    All these keywords.

    JEL classification:

    • D72 - Microeconomics - - Analysis of Collective Decision-Making - - - Political Processes: Rent-seeking, Lobbying, Elections, Legislatures, and Voting Behavior
    • H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism
    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General

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