Officially, the Federalist Society takes no position on originalism. In practice, it has done more than any other organization to advance that philosophy. Through its work, the idea that ...
The Supreme Court will hear arguments next month in First Amendment challenges to laws banning the app and shielding minors ...
(“A Fly in Originalism’s Ointment”). It is no coincidence that Sullivan quoted the most famous line from Justice White’s dissent in Roe v. Wade. He believes that in this area of ...
Originalism is the idea that the Constitution has a fixed meaning and that judges should follow that fixed meaning rather than their personal policy preferences. That should not be controversial.
Originalism is the view that the meaning of a constitutional provision is fixed when it is adopted and can be changed only by constitutional amendment. Many of the separate opinions in the case ...
Some rejected originalism in principle, as undemocratic (though it is clear that the Constitution was built upon republican rather than democratic principles), unfairly binding the present to the ...
In a law-review article in 2013 titled “Originalism and the Colorblind Constitution,” law professor Michael B. Rappaport disputed the conventional liberal wisdom that had developed on this point.
Qualitative Sociology, Vol. 47, Issue. 2, p. 249. Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but ...
The first natural law justification for an originalist interpretation of the American Constitution, Originalism's Promise presents an innovative foundation for originalism and a novel description of ...
Sunstein, Princeton University Press, 240 pages Four recent books show that “originalism”—the Madisonian doctrine that the Constitution should be interpreted as it was explained by ...
Mr. Ho’s reasoning inadvertently politicizes the judiciary, framing originalism as a partisan ideal. But originalism transcends party lines, as Justice Elena Kagan, a Democratic appointee ...