At first blush, Heller's originalist
methodology appears to embrace a largely unqualified right of every person to possess and carry any firearm in common civilian use.
To an originalist
, what's true of old statutes is also true of
Such a claim might point in originalist
or nonoriginalist directions.
2) Cases in which nonoriginalist Justices of the Supreme Court have cast their arguments almost exclusively in originalist
terms are revelatory in this respect.
Would the Court find a way of upholding a law that was so clearly at odds with anything resembling an originalist
This article will argue that taking another look at originalist
interpretive principles is a critical step towards restoring section 28 as a fully functional constitutional provision and ensuring women have equal access to Charter rights.
Having written a book on Antonin Scalia, Rossum here turns his attention to Thomas, the other unabashed originalist
on the US Supreme Court.
Bork, who might justly be called a majoritarian in originalist
clothing, it is because the "orthodoxy of our civil religion .
And the Court's stated preference for originalist
, or at least historically grounded, arguments about the Second Amendment's scope means that any test that hints at interest balancing is not likely to garner support among more than a plurality of the existing Heller and McDonald majorities.
This latter originalist
concern rested not on fantasy, but on the research of Alexander Bickel, a clerk for Justice Felix Frankfurter who had returned from an attempt to demonstrate that the court could justify striking down segregation on the basis of the legislative record with the unhappy news that it could not.
Its semi-companion, Living Originalism, argues for a progressive-minded approach to originalist
constitutional theory, combining fidelity to the original text with an appreciation for living constitutional practice.
The late scholar Gary Leedes once complained that while originalists
ask the federal judiciary to be originalist
, they "permit the electorally accountable officials substantial leeway.