Thursday, January 13, 2011

Regarding Originalism

The NYT has a terrific piece on the various issues associated with originalism and highlights Antonin Scalia's pragmatic approach to using the doctrine in deciding how to rule on cases before him. Best quote: "I am an originalist. I am a textualist. I am not a nut.”

In both 2301 and 2302 we will dig into controversies associated with how the constitution ought to be interpreted. Consider this required reading.

Update: Linda Greehouse adds to the discussion.