Originalism Carries On
Originalism Carries On - The Federalist Society
The dissent argued that Roe and cases protecting the rights to access contraception and to same-sex intimacy and marriage were “all part of the ...
Why is the Supreme Court Obsessed with Originalism?
This unprecedented emphasis on history in constitutional interpretation is thanks to the rise of constitutional originalism, the theory that ...
How originalists may be twisting the Constitution - Stanford Report
Originalism tends to focus expressly on the words of the Constitution. From this perspective, Americans possess certain fundamental rights such ...
Originalism Run Amok at the Supreme Court
Last week's Supreme Court rulings on abortion and guns shook the country. Both rely on a radical approach to how to read the Constitution: ...
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its ...
The Future of Progressive Originalism: Justice Ketanji Brown ...
... originalism has taken on a new form—one that is lauded for its ... carries us further from the goal of a political system in which race ...
The originalist approach to law cannot be justified by history; it is a prior philosophical commitment, and must be defended as such. And there is a further ...
Originalism Then and Now - Athenaeum Review
Judges do not decide cases based on legal rules or doctrines, but on their own views of what outcome is right or just. Judicial opinions are post-hoc ...
The Myth of Originalism - Georgia State Research Magazine
Originalist judges portray themselves as the opposite of “judicial activists,” judges who rule based on their personal belief system rather than ...
The Supreme Court's originalists have taken over − here's how they ...
It is no surprise that the originalists on today's Supreme Court are also the conservatives. The central and plausible core of originalism is ...
Originalism vs. Textualism | Pacific Legal Foundation
One is “original intent” that says we should interpret the Constitution based on what its drafters originally intended when they wrote it. The ...
What is Originalism? The Evolution of Contemporary Originalist Theory
In 1976, then-Associate Justice William Rehnquist authored “The. Notion of a Living Constitution”, which, based on the writings of the. Framers, explicitly ...
Originalism as a Theory of Legal Change
Conceptual defenses, by contrast, start from incontestable legal assumptions (say, that the Constitution is law). They then argue, on philosophical grounds, ...
Originalism: Standard and Procedure - Harvard Law Review |
Originalists say our law depends on facts about the past. Nonoriginalists respond that these facts are unknown to us, that lawyers and judges ...
Originalism and Stare Decisis - NDLScholarship
This. Essay was prepared for the Notre Dame Law Review's federal courts symposium on the jurisprudence of Justice Scalia. Thanks to all ...
Judges promise to fol- low the law, and their judicial authority is premised on the assumption that they do. So if an inclusive version of originalism is the ...
Originalism in Practice - Digital Repository @ Maurer Law
but instead was based on the original meaning of constitutional text as understood by the framing-era public. 7. In this embrace of original meaning, Heller was ...
The Second Amendment & Originalism - TalksOnLaw
... originalism is that the Constitution means what it did when it was ... carrying guns, whereas Heller was about carrying guns in the home. But both ...
The New Originalism and the Uses of History
Debates over originalism have dominated the literature on history and constitutional interpretation. Yet the ways that lawyers use adoption history are not all ...
Originalist Thoeries of Constitutional Interpretation
I feel somewhat like Rip Van Winkle, who, opening his eyes on a brave new world, is not all sure he understands what is going on around him.