资讯

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 is the idea that we should interpret the Constitution with its original meaning. But what, exactly, is the Constitution’s “original meaning”?
As legal experts have explained, the text of the amendment itself disproves Trump’s claim, which the court’s conservatives — ...
This Court Has Revealed Conservative Originalism to Be a Hollow Shell The Supreme Court’s right-wing justices claim to be originalists, but then they pick and choose the history that fits their ...
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 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 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 ...
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 ...
Letter: The Constitution contains anti-democratic elements which serve minority interests and devotees of originalism. FILE - The Supreme Court is seen in Washington, on Nov. 5, 2020.
Originalism, 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.
Originalism can be moral even if some individual provisions, as originally understood, fail to pass universal tests for morality. What matters is not the morality of the individual rules, but the ...