Words similar to originalism
Example sentences for: originalism
How can you use “originalism” in a sentence? Here are some example sentences to help you improve your vocabulary:
The massive cover book review praises Justice Antonin Scalia for changing the course of American jurisprudence from "common-law constitutionalism" to "originalism," then blasts him for betraying his own principles: Scalia has abandoned neutrality and now decides cases based on his own political views.
Of course, Dred Scott , which ruled that blacks, whether slave or free, couldn't be citizens, came to be condemned not just as racist but as a quintessential example of tortured reasoning in the service of a judge's personal prejudice--precisely the kind of jurisprudence that originalism's advocates claim it alone can avoid.
Scalia offers two antidotes to this epidemic of judicial lawmaking: textualism and originalism.
This argument--that judges only use originalism to dispute decisions they don't like--is as compelling a reason to distrust originalism as any historical reason.
Some of their criticisms are repeated here by legal academics Laurence Tribe and Ronald Dworkin: Scalia's originalism is too glib, because it doesn't distinguish between what the Constitution says and what its framers expected it to do ; too malleable, because it merely substitutes the guesswork of historians for the musings of moral philosophers; too value-laden, because it imputes an anti-evolutionary purpose to the Constitution.
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