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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.
John O. McGinnis, reviewing Arkes's Constitutional Illusions & Anchoring Truths in The Wall Street Journal, writes that it tries to find a path between the position of originalism, where the meaning of the U.S. Constitution is defined by its original text, and the idea of the living constitution, where its meaning is interpreted through the ...
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 ...
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 court, which has a 6-3 conservative majority, was unanimous in ruling that Section 3 of the Constitution’s 14th Amendment cannot be enforced by states, but critics were quick to point out ...
The current majority originalist U.S. Supreme Court is a far cry from the mid-20th century Warren Court that interpreted a "living" Constitution.
The Journal of Libertarian Studies reviewed the book, stating that "though well-intentioned, the book is fatally flawed". [3] The Future of Freedom Foundation praised Restoring the Lost Constitution, comparing it to "a great symphony on which the composer labored for years, poring over passages again and again to get them just right."
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 ...