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One reason judges make mistakes about the Constitution

September 9, 2022 Uncategorized 0

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

June 15, 2022 Constitution 0

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

December 13, 2019 4th Amendment / Court Cases 0

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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