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Trumping precedent with original meaning: not as radical as it sounds.
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Originalism was thought to be buried in the 1980s with critiques such as those by Paul Brest (1) and Jeff Powell. (2) Brest charged that originalism was unworkable, while Powell maintained that originalism was inconsistent with the original intentions of the Founders. (3) Others raised the moral challenge of why we should be ruled by the "dead hand" of the past. Yet an originalist approach to interpretation has--like a phoenix from the ashes or Dracula from his grave, depending on your point of view--survived into the Twenty-first Century as an intellectual contender. Indeed, it ...
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Taking text too seriously: modern textualism, original meaning, and the case of Amar's bill of rights. (Law Professor Akhil Amar Reed)
Magazine article from: Michigan Law Review
; ...accordance with its original public meaning, and in seeking...parsing recaptures original meaning, but, perhaps because...search for original public meaning cannot be squared...a poor guide to original meaning: rather, careful...Bill of Rights and ...
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The progressive political power of Balkin's "original meaning".(response to article by Jack M. Balkin in this issue, p. 291)
Magazine article from: Constitutional Commentary
; Jack Balkin's Abortion and Original Meaning should be widely read and debated...that emphasizes the centrality of original meaning from what can be described as a progressive...require disregarding the Framers' original meaning. This comment, though, explores a...
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Underlying principles.(response to article by Jack M. Balkin in this issue, p. 291)
Magazine article from: Constitutional Commentary
; In his article, Abortion and Original Meaning, (1) Jack Balkin makes the...writes, requires fidelity to the original meaning of the Constitution and to...interpretation is to look to original meaning and underlying principle and...research and write about the original ...
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Original meaning and constitutional redemption. (response to articles in this issue, p. 353, 371, 383, 405, 417)
Magazine article from: Constitutional Commentary
; ...foreground parts of my argument in Abortion and Original Meaning. (2) In Abortion and Original Meaning I argued that fidelity to the Constitution requires fidelity to the original meaning of the constitutional text and to its underlying...
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When should original meanings matter?
Magazine article from: Michigan Law Review
; ...familiar sources of authority--text, original meaning, precedent, and so on--should be given...identify the categories of cases in which original meaning is, or is not, a valid factor in constitutional...Fundamental Questions D. Summary II. ORIGINAL MEANING AND DEMOCRATIC AUTHORITY ...
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Original interpretive principles as the core of originalism.(response to article by Jack M. Balkin in this issue, p. 291)
Magazine article from: Constitutional Commentary
; Abortion and Original Meaning is a powerful article that is...idiosyncratic values, in the original meaning of the Constitution. And he...really an orginalist theory, once original meaning is properly divorced from the...
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Abortion and original meaning.
Magazine article from: Constitutional Commentary
; ...the right to abortion based on the original meaning of the constitutional text as opposed...fanciful but have deep roots in the original meaning of the Fourteenth Amendment. Thus...which is not binding law, and the original meaning, which is. Indeed, many originalists...
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Matthew
Magazine article from: Journal of the Evangelical Theological Society
; ...of their space commenting on the "Original Meaning" of any passage. The "Bridging Contexts...principles from the text, true to the original meaning but applicable in other contexts as...this series to focus substantially on original meaning but with more detailed and methodological...
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Originalism and its discontents (plus a thought or two about abortion). (response to article by Jack M. Balkin in this issue, p. 291)
Magazine article from: Constitutional Commentary
; In Abortion and Original Meaning, (1) Jack Balkin...requires fidelity to the original meaning of the Constitution...he choice between original meaning and living constitutionalism...text or the text's original public meaning, almost nobody espouses...requires ...
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 "Western Mail (Cardiff, Wales)")
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The truth about Ruddock, Bevan, Vaughan, Bowen, Davies, Price, Gough, Jones, Thomas...(News)
Newspaper article from: Western Mail (Cardiff, Wales)
; ...Most commonly found in: Sunderland Original meaning: Reddish-brown Bevan Derived from...Bevan Most commonly found in: Swansea Original meaning: Gracious gift Vaughan Derived from...commonly found in: Llandrindod Wells Original meaning: Small Bowen Derived from: ab Owen...
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