Some critics of originalism fault it on natural-law grounds. Their critiques are wanting. Constitutional theorists on the right are engaged in a debate about the moral foundations of originalism, the ...
Via Open To Debate-- Originalism is a way of interpreting the Constitution. In the past, the legal theory referred to framer’s intent, but the contemporary, prevailing view of originalism is that it ...
Some eighty years ago, then professor and later Judge Jerome Frank purported to expose what he termed “the basic legal myth”–to wit, that judges decide cases by applying legal rules to the facts ...
Before his vote to acquit the president in the impeachment trial, Senator Lamar Alexander suggested that, while holding military aid to Ukraine was improper, the Framers of the Constitution would not ...
From slavery to abortion, conservatives and liberals alike have reached for “natural law” to resolve many of the country’s most important cases. But, in recent years, the balance has shifted.
There has been some originalist debate of late about the proper reading of the Citizenship Clause of the Fourteenth Amendment. The fate of the Trump administration's executive order excluding new ...
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