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Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
“In my view, the reasoning in the opinion is a disaster,” wrote Michael Rappaport, who leads the Center for the Study of Constitutional Originalism at the University of San Diego School of Law ...
The Supreme Court's decision to grant former President Donald Trump absolute immunity for some of his conduct in seeking to overturn the 2020 election has attracted a chorus of criticism from ...
The current majority originalist U.S. Supreme Court is a far cry from the mid-20th century Warren Court that interpreted a "living" Constitution.
Reading Law: The Interpretation of Legal Texts is a 2012 book by United States Supreme Court Justice Antonin Scalia and lexicographer Bryan A. Garner.Following a foreword written by Frank Easterbrook, then Chief Judge of the US Court of Appeals for the Seventh Circuit, Scalia and Garner present textualist principles and canons applicable to the analysis of all legal texts, following by ...
In 1992, Arkes wrote Beyond the Constitution, a reevaluation of originalism. Arkes questioned the conservative argument that a purely textualist approach to the enumerated rights found in the Bill of Rights would be sufficient to check the advance of legal positivism. Reviewers praised Arkes’s breadth of knowledge, wit, and concision. [8]
Progressives must embrace the Constitution's limits on governmental power, including federalism and separation of powers, in order to defend the nation's foundational charter and prevent the ...
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.