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It’s often cited as a good sign for originalism that judges have been referencing dictionary definitions more often in their opinions. But a modern linguistic technique known as “corpus ...
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.
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‘The Originalism Trap’ is a cutting critique of the judicial theoryOriginalism 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 ...
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 ...
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Originalism Was Impossible - MSNOriginalism, whatever its merits, simply couldn’t have been done. I ’ll make the point with Hill v. Kessler, a case litigated in the courts of North Carolina in the late 1860s.
As legal experts have explained, the text of the amendment itself disproves Trump’s claim, which the court’s conservatives — ...
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 ...
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.
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.
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