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Why Originalism Is the Best Approach to the Constitution | TIME
https://time.com/5670400/justice-neil-gorsuch-why-originalism-is-the-best-approach-to-the-constitution/
WebSep 6, 2019 · Justice Neil Gorsuch explains why originalism is the best approach to understanding the U.S. Constitution. pros and cons
pros and cons
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Opinion | The Problems With Originalism - The New York Times
https://www.nytimes.com/2017/03/22/opinion/the-problems-with-originalism.html
WebMar 22, 2017 · Originalism says that if the words are at all unclear, then judges need to consult historical sources to determine their meaning at the time of ratification, and the correct application of these... pros and cons
pros and cons
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On Originalism in Constitutional Interpretation | Constitution Center
https://constitutioncenter.org/the-constitution/white-papers/on-originalism-in-constitutional-interpretation
Webby Steven G. Calabresi. Originalism is a theory of the interpretation of legal texts, including the text of the Constitution. Originalists believe that the constitutional text ought to be given the original public meaning that it would have had at the time that it became law. pros and cons
pros and cons
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How to Interpret the Constitution - Boston College
https://lawmagazine.bc.edu/2020/02/how-to-interpret-the-constitution/
WebFeb 24, 2020 · How to Interpret the Constitution. Scholars debate the pros and cons of originalism. By Devon Sanders ’22. February 24, 2020. Photograph by Vicki Sanders. BC Law Professors Kent Greenfield (left) and Ryan Williams discussed the question of whether the dead can govern the living through the Constitution.
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What is originalism? Debunking the myths - The Conversation
https://theconversation.com/what-is-originalism-debunking-the-myths-148488
WebOct 24, 2020 · Is originalism just a conservative ploy? That brings us to the final misconception: Isn’t originalism just a rationalization for conservative results? The short answer is “no.” Originalists ... pros and cons
pros and cons
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Originalism: Standard and Procedure - Harvard Law Review
https://harvardlawreview.org/print/vol-135/originalism-standard-and-procedure/
WebJan 10, 2022 · To borrow a distinction from philosophy, originalism is better understood as a standard, not a decision procedure. It offers an account of what makes right constitutional answers right. What it doesn’t offer, and shouldn’t be blamed for failing to offer, is a step-by-step procedure for finding them . pros and cons
pros and cons
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Originalism, explained - Vox
https://www.vox.com/21497317/originalism-amy-coney-barrett-constitution-supreme-court
WebOct 12, 2020 · Originalism sells itself as a way of constraining judges. But it’s more often a way of unleashing them. By Ian Millhiser Oct 12, 2020, 8:30am EDT. Judge Amy Coney Barrett with Vice President ... pros and cons
pros and cons
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What Is Originalism? The Evolution of Contemporary Originalist Theory
https://www.cambridge.org/core/books/challenge-of-originalism/what-is-originalism-the-evolution-of-contemporary-originalist-theory/2CB8CFA976F428B779ADCCE40D9ACE67
WebSummary. Introduction. Debates over “originalism” have been a central focus of contemporary constitutional theory for three decades. One of the features of this debate has been disagreement about what “originalism” is. More worrisome is the possibility that the arguments between contemporary originalists and their opponents, the ... pros and cons
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Originalism, Divided - The Atlantic
https://www.theatlantic.com/ideas/archive/2021/05/originalism-meaning/618953/
WebMay 25, 2021 · By Harry Litman. Getty / The Atlantic. May 25, 2021. Originalism—the idea that the meaning of each provision of the United States Constitution becomes fixed at the time of its enactment—in its... pros and cons
pros and cons
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Originalism and the Good Constitution — Harvard University Press
https://www.hup.harvard.edu/books/9780674725072
WebHarvard University Press. Law. Politics / Government. Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be ad... pros and cons
pros and cons
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