Originalism has become a Federalist Society word. That’s a problem. Not because the Federalist Society is wrong about constitutional interpretation, but because reducing a civic practice to a judicial philosophy makes it sound like something that belongs to lawyers. It never did. The founders weren’t writing for law reviews. They weren’t writing for federal judges. […]
Originalism has become a Federalist Society word. That’s a problem. Not because the Federalist Society is wrong about constitutional interpretation, but because reducing a civic practice to a judicial philosophy makes it sound like something that belongs to lawyers. It never did. The founders weren’t writing for law reviews. They weren’t writing for federal judges. […]
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