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...Supreme Court there has been a shift towards originalism as the appropriate framework for interpreting laws, and hence, deciding cases. Though, IMHO, not inherently conservative, originalism does forward a somewhat inflexible interpretation.
As with any framework of interpretation, originalism has both strengths, and flaws, as it is currently defined and applied. One thing for sure is that we are going to see more originalist interpretation, as well as more critical thought on how the Supreme Court actually goes about understanding, and interpreting, our written laws.
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Topic - Interesting that since justices Bork and Scalia served on the... - viridian 18:57:26 10/14/20 (32)
- can anyone here speak Chinese? - Story 10:01:49 10/15/20 (0)
- In 2020 I don't see the strengths of originalism as applied to our constitution. - Rick W 09:21:56 10/15/20 (0)
- Originalism - So, if the drafters had slaves with no rights... - G Squared 06:51:24 10/15/20 (1)
- Or you and I. - ghost of olddude55 07:19:53 10/15/20 (0)
- RE: Interesting that since justices Bork and Scalia served on the... - fredtr 06:16:50 10/15/20 (0)
- RE: Interesting that since justices Bork and Scalia served on the... - RGA 22:52:56 10/14/20 (1)
- Amen //nt - MaxwellP 05:43:32 10/15/20 (0)
- RE: Interesting that since justices Bork and Scalia served on the... - immatthewj 21:27:09 10/14/20 (9)
- Unclear what you mean, but let me make this clear - PabloP 21:36:29 10/14/20 (8)
- Let me be equally clear . . . - JoshT 22:28:18 10/14/20 (5)
- +1 - volunteer 08:59:27 10/15/20 (0)
- RE: Let me be equally clear . . . - immatthewj 23:01:19 10/14/20 (3)
- RE: Let me be equally clear . . . - Steve O 05:44:48 10/15/20 (2)
- And let's face it... - ghost of olddude55 05:52:03 10/15/20 (1)
- Of course... - Steve O 06:00:29 10/15/20 (0)
- RE: Unclear what you mean, but let me make this clear - immatthewj 21:44:22 10/14/20 (1)
- Precisely - JoshT 22:30:05 10/14/20 (0)
- Conservative judging - PabloP 21:24:40 10/14/20 (1)
- And yet . . . - JoshT 22:33:06 10/14/20 (0)
- I have to admit to being mostly a textualist . . . - JoshT 19:34:13 10/14/20 (5)
- RE: I have to admit to being mostly a textualist . . . - pictureguy 21:54:46 10/14/20 (2)
- RE: I have to admit to being mostly a textualist . . . - immatthewj 22:00:43 10/14/20 (1)
- RE: I have to admit to being mostly a textualist . . . - pictureguy 00:05:10 10/15/20 (0)
- +1 A textualist is not necessarily an originalist (nt) - Rod M 20:02:28 10/14/20 (1)
- RE: +1 A textualist is not necessarily an originalist (nt) - Sondek 20:23:05 10/14/20 (0)
- Bob Bork never served on the Supreme Court. nt - ghost of olddude55 19:04:33 10/14/20 (6)
- I wonder how Bork would have compared to Thomas. - JoshT 19:25:01 10/14/20 (3)
- It wasn't Bork or Thomas. Lewis Powell's seat was eventually filled by Anthony Kennedy. - ghost of olddude55 03:18:16 10/15/20 (0)
- RE: I wonder how Bork would have compared to Thomas. - raingerz 21:19:52 10/14/20 (0)
- RE: I wonder how Bork would have compared to Thomas. - Bill the K 20:48:14 10/14/20 (0)
- Absolutely, too much wine and too little thought. Mea culpa my friend. Nt - viridian 19:06:32 10/14/20 (1)
- Hey, there were so many. David Souter, we hardly knew ye. - ghost of olddude55 03:23:19 10/15/20 (0)