Beyond the Text: Understanding the Constitution’s Original Meaning
By: Mike Maharrey How do we learn the original meaning of the Constitution? A lot of people will say, “Just read it.” That’s an essential first step, but it’s not quite ...
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Understanding the Constitution: Originalism’s Long History and Tradition
By: Rob Natelson Several Supreme Court justices—most consistently Clarence Thomas—describe themselves as “originalists.” In a prior Epoch Times column, I answered the question, “What is Originalism? I wrote: “Although originalists disagree among themselves ...
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One reason judges make mistakes about the Constitution
By: Rob Natelson Many Americans complain when the courts allow Congress and federal officials to violate the Constitution. Why does that happen? There are several reasons, but here’s one that few ...
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How to Interpret the Constitution, and How Not to
By: TJ Martinell How does one properly interpret the U.S. Constitution? Is originalism just a codeword used by “conservatives” to interpret it in the same manner as “liberals” view it as ...
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On Originalism and Textualism
By: Michael D. Ramsey Three conservative Supreme Court justices declared this month that the Constitution should be read to give state legislatures unlimited control of electoral procedures, and a fourth said ...
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Is Early Impeachment Practice Relevant to Original Meaning?
by Michael Stokes Paulsen In my most recent several posts in this series, I set forth the nearly overwhelming case for a broad understanding of “high Crime and Misdemeanors” as ...
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Originalism, the Fourth Amendment, and New Technology
By: Michael Rappaport One of the important issues for originalism is whether it can be applied to new circumstances that were not envisioned at the time of the original Constitution. ...
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Originalism and Stare Decisis in the Lower Courts
By: Michael Boldin An interesting new paper by Josh Blackman on precedent vs the original constitution in federal courts. From the abstract at SSRN: The tension between originalism and stare ...
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