There are
originalists who believe in the interpretationconstruction distinction suggesting a difference between the semantic, non-legal meaning of constitutional text and the application of that text to hard cases, while other
originalists think that it is "Orwellian to describe [a theory that leaves room for construction] as '
originalist' in any meaningful sense of that term." (32) Given the wide latitude
originalists have to make their arguments while retaining the label "
originalist," virtually any legal theory today can be comfortably placed inside that rubric (Baude and Sach's' views that Obergefell might be so classified is a classic example).
That is a problem for many
originalists, who argue that the framers and ratifiers of that amendment understood the Privileges or Immunities Clause to be the principal protector of fundamental rights against the states.
text." (258) Accordingly, new
originalists "attempt[] to
(5)
Originalists have described three analytically distinct steps to identify the original meaning, (6) none of which privileges the Declaration of Independence.
The originalism project, under Scalia's leadership--later joined (with some important but nuanced differences) by Justices Clarence Thomas and Samuel Alito, and advanced in the law schools by the Federalist Society and more broadly by the Claremont Institute--proved to be so successful that by the 25th anniversary of Meese's speech, even a "living" constitutionalist like Elena Kagan had at least nominally to subscribe to the view, in her Supreme Court confirmation hearing, that "we are all
originalists" now.
"
Originalists" say the text should be construed by discerning the public meaning of its words when they were written.
Thus when Judge Kavanaugh becomes Justice Kavanaugh, there finally will be a reliable fifth vote to join the other four
originalists. That does not mean a "radical court", an "activist reactionary majority" or other Democratic hyperboles.
In a blog post on Monday, Coinbase CEO Brian Armstrong said: "Today, I'm thrilled to announce that Coinbase has acquired Earn.com, and as part of the acquisition, Earn's co-founder and CEO, Balaji Srinivasan, will join Coinbase as the company's first chief technology officer.Balaji has become one of the most respected technologists in the crypto field and is considered one of the technology industry's few true
originalists. Prior to serving as the CEO at Earn.com, Balaji was a General Partner at Andreessen Horowitz...As CTO of Coinbase, Balaji will serve an important role as the technological evangelist for the company.
Contrary to the views of some
originalists, the U.S.
If we are Semantic
Originalists, it will not be easy to defend the conclusion that the Equal Protection Clause forbids racial segregation in public parks and public golf courses; at the time of ratification, the word "protection" had a specific meaning.
stipulation from the domain of
originalists. The law in Freedonia is
This article suggests that we should challenge
originalists'
