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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

December 13, 2019 4th Amendment / Court Cases 1

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

July 27, 2019 Judiciary 0

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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