Skip to main content
Message Font: Serif | Sans-Serif
 
No. of Recommendations: 0
Originalism is the idea that we can truly understand the intent of people who were writing 2.5 centuries ago. Do we know always what people "actually" intend when passing laws this week? That always seemed to me to be a sandcastle justifying guesswork (which, as the article suggests, some would prefer to always guess toward conservative leanings). So, Originalism, per se, does seem to track with the article.

Scalia and Gorsuch were listed as originalists in constitutional questions and strict constructionists in legal ones. I don't think that is true, really (Scalia had a limited government philosophy that would lead to more pro-defendant treatment than one might expect), BUT they were and are pretty consistent in their strict close reading of the law (this may lead to heartless interpretations at times, and at times to more liberal results, but they were and are pretty consistent in the application of that. Their inconsistencies have been in trying to connect the two. I do think that their strict constructionism is the best way to go at the statutory questions. Their rulings get picked at by Congress, but then, Congress should be paying more attention to the language of their laws in the first place. People tend to conflate these doctrines (hence when they get mad at judges for betraying some Platonic conservatism), but they are separate things.
Print the post  

Announcements

When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Contact Us
Contact Customer Service and other Fool departments here.
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
Work for Fools?
Winner of the Washingtonian great places to work, and Glassdoor #1 Company to Work For 2015! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.