Debunking Originalism: How Objectivity Promotes Judicial Bias
Justice Amy Coney Barrett’s confirmation hearings revived the debate between originalism and living constitutionalism. The former espouses that judges ought to interpret the literal text of the Constitution according to what the words meant when they were promulgated. The latter suggests that the Framers intentionally used loose language to allow for future interpretation, and that […]
Puppet Theater: Behind the Right’s Originalism
This article is one half of a discussion on originalism in American jurisprudence. For its companion, which argues that originalism limits the abuse of judicial authority for political ends, click here. “This small hearing room and the little TV box that you’re looking at . . . are a little bit like the frame of […]
Originalism: The Best Alternative to Oligarchy
This article is one half of a discussion on originalism in American jurisprudence. For its companion, which argues that originalism is a cover for conservative judges to impose their policy preferences, click here. Justice Amy Coney Barrett’s nomination to the Supreme Court revived political conflict surrounding the judiciary’s proper role in American democracy. The political […]