Posts from February 2016.
On Saturday, after the sudden news of Justice Scalia's death, I watched two previous C-Span interviews with him, one just him and the other with Ruth Bader Ginsburg. The interviews showed two sides of Justice Scalia. In the just-Scalia interview, his earnest defense of his judicial philosophy of originalism/textualism caused the interviewer to ...
Justice Scalia called his judicial approach to the Constitution “originalism” or “textualism”.
The idea of Originalism/Textualism is that the Constitution means no more or less than what it meant to those who originally wrote and ratified it. This is seen as a counter-approach to the “living Constitution” idea where the text ...
The idea of Originalism/Textualism is that the Constitution means no more or less than what it meant to those who originally wrote and ratified it. This is seen as a counter-approach to the “living Constitution” idea where the text ...