Keywords

Originalism, Racial Framing, Civil Rights, Sociology

Abstract

Originalism is a legal framework of constitutional interpretation that re-emerged in the United States in the 1970's as part of the conservative legal movement. In the decades since, originalism has grown in prominence both in government institutions and interest groups. Using critical discourse analysis, this research identifies the frames and narratives developed in originalism and examines how those frames and narratives are used by network members in friend of the Court briefs in Shelby County v. Eric Holder 2013 and Students for Fair Admissions v. Regents of Harvard University 2022. This research finds three dominant frames in the originalist literature and demonstrates how these frames are deployed in amicus brief in support of the petitioners in each of the two cases. This research provides a sociological perspective on the use of originalism and how it is used to reverse civil rights gains.

Completion Date

2023

Semester

Fall

Committee Chair

Carter, J. Scott

Degree

Doctor of Philosophy (Ph.D.)

College

College of Sciences

Department

Sociology

Format

application/pdf

Identifier

DP0028063

URL

https://purls.library.ucf.edu/go/DP0028063

Language

English

Release Date

December 2024

Length of Campus-only Access

1 year

Access Status

Doctoral Dissertation (Campus-only Access)

Campus Location

Orlando (Main) Campus

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Restricted to the UCF community until December 2024; it will then be open access.

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