Tag: constitutional interpretation

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The Originalist Dodge

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In Uncategorized
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On October 21, 2008
Clarence Thomas makes a typical argument in favor of originalism: Let me put it this way; there are really only two ways to interpret the Constitution — try to discern as best we can what the framers intended or make it up…To be sure, even the most conscientious effort to adhere to the original intent […]

The New Supreme Court Term

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On October 6, 2008

Adam Liptak has a useful roundup, noting that the Court does not have any “blockbusters” comparable to last year’s Second Amendment, death penalty, and war powers decisions. There ar

An Argument About Nothing

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In Uncategorized
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On September 19, 2008
On the issue of the citation of foreign law in United States Supreme Court opinions, I think this is the key passage in Adam Liptak’s recent article: The controversy over the citation of foreign law in American courts is freighted with misconceptions. One is that the practice is somehow new or unusual. The other is […]

Posner v. Heller

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On August 22, 2008

Richard Posner has an interesting article — essentially an application of his recent HLR Foreword — critiquing the Supreme Court’s decision in Heller, the D.C. gun control case. It&#

Everyone Balances

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On June 27, 2008

There’s something of a curious disconnect between two passages of Scalia’s opinion in Heller: After an exhaustive discussion of the arguments for and against gun control, Justice Breyer ar

Law Office History

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In Uncategorized
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On June 27, 2008
Great point by Sandy Levinson: If one had any reason to believe that either Scalia or Stevens was a competent historian, then perhaps it would be worth reading the pages they write. But they are not. Both opinions exhibit the worst kind of “law-office history,” in which each side engages in shamelessly (and shamefully) selective […]
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