The Origins of Originalism
If you listen to progressives, “originalism” is nothing more than a crackpot conservative way to discriminate against minorities through “bad” court decisions. Or maybe it’s just to overturn what they consider to be “good” court decisions. Either way, the fear is that...
4 Ways to Read the Constitution, 3 are Wrong
We’ve all heard the terms – strict construction, living constitution, textualism, and originalism. Learn what they are. And find out which one – and only one – is the right way to read an 18th century legal document like the Constitution for the...
On Originalism and Textualism
At Bloomberg, Noah Feldman: Scalia’s Ghost Is Haunting Conservative Justices. From the introduction: Three conservative Supreme Court justices declared this month that the Constitution should be read to give state legislatures unlimited control of electoral...