Originalism

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From Stuart Buck



Hat tip: Eugene Volokh



Then again, why can't we restrict outselves to original interpretations (what it meant when it was enacted), period? I'm as big a believer in Marbury vs. Madison as anyone, but somehow I acquired this weird idea that it's the job of the legislative branch to create the laws, while the job of the judicial branch is to see that those laws are applied and enforced on a consistent and even-handed basis.



If something in the Constitution is truly odious to society, we have managed to explicitly amend it twenty-seven times. Or am I the only one who feels a distinctly cold draft upon reading "...and the constitution is whatever five members of the Supreme Court say it is", no matter how good a job they've made of it thus far?

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This page contains a single entry by Dan Melson published on June 19, 2005 3:31 AM.

Reflections on Guantanamo was the previous entry in this blog.

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