News
It says something that originalism -- a widely accepted legal theory -- can be fairly used as a serious academic vehicle for ...
Originalism, a framework with roots in the segregationist past and funded by right-wing oligarchs, helped lead to Donald ...
Originalism, the belief that the meaning of the Constitution was fixed at the time it was adopted, is the legal theory that dominates the thinking of this conservative Supreme Court.
Originalism was a destructive approach to constitutional interpretation in 1987, when Robert Bork was rejected for a seat on the Supreme Court. It is no more legitimate or desirable today.
Originalism limits who gets to be a part of “our” and who is entitled to the Constitution’s rights and protections. The country is ill-served by a judiciary that uplifts an alleged original ...
Originalism is the assertion that judges should be guided and limited in interpreting the U.S. Constitution solely by something original in it, although that “something” has shifted over time ...
9monon MSN
Originalism, whatever its merits, simply couldn’t have been done. I ’ll make the point with Hill v. Kessler, a case litigated ...
And originalism, marketed in the 1980s and ’90s as, at bottom, a theory of judicial restraint, has now become an uncontrollable and unpredictable Tasmanian devil that has gobbled up decades of ...
As legal experts have explained, the text of the amendment itself disproves Trump’s claim, which the court’s conservatives — ...
Originalism Is One Reason Why America Has Such a Gun Problem One of the worst “originalist” decisions was about guns, back in 2008. This term, it might get even worse.
Originalism privileges the centuries-old writings of illustrious figures of the founding or Reconstruction era as determined by today’s most brilliant legal historians and theorists.
Today, this approach is called originalism. Three features of the Founders' design support this conclusion. First, America is a republic where, Hamilton famously explained, "the people govern." ...
Some results have been hidden because they may be inaccessible to you
Show inaccessible results