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It spins the Constitution in a way most legal scholars would not recognize — even those who embrace an "originalist" interpretation.
This is alarming, particularly because Leo and the society are committed to an "originalist" interpretation of the Constitution, which is anything but what the Framers had in mind.
At the heart of the "originalist" interpretation championed by the 79-year-old Scalia is a belief that it is the letter, not the spirit, of the constitution that should prevail in cases such as this.
Thomas's reasoning is based on an originalist interpretation of the Constitution, which, in a nutshell, maintains that the Constitution today means what it originally meant during the founding era.
This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
An originalist interpretation of that Amendment might draw support from this fact in an argument purporting to demonstrate the constitutional validity of hanging.
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Specifically, Thomas is eager to override legal precedents that don't meet his strict originalist interpretations, rejecting the principles of judicial restraint that even the court's more conservative justices have usually followed.
Roger Carasso Los Angeles, Jan . 9 2011 To the Editor: Antonin Scalia's originalist reading of the Constitution is based more upon historical fiction than true history; it is a subjective, not objective, interpretation.
They created a Constitution so beautifully structured that it has lasted longer than any other on earth, but also so sophisticated that its meaning and implications are subject to ongoing interpretation (yes, even the Originalists interpret the Constitution in writing their opinions; it is not done by computer) and provide the basis for many of today's hottest political debates.
The Federalist Society, which describes itself as a "group of conservatives and libertarians," promotes an originalist or textualist interpretation of the constitution.
The architects of modern conservative jurisprudence have sought to address the problem of judicial activism by developing "originalist" methods of constitutional interpretation.
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