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De Omnibus Dubitandum - Lux Veritas

Saturday, February 20, 2016

The left cares not to understand originalism

By James Longstreet

Clarence Page has authored yet another errant piece.In his Chicago Tribune article, “With Scalia Death, Your Vote Just Took on New Life,” he writes (emphasis added):
Originalism, simply put, holds that the U. S. Constitution must be applied based on the original meaning of its text, not on legislative history or the assumed intention of its authors.
Others define Originalism thusly:
Originalists think that the best way to interpret the Constitution is to determine how the Framers intended the Constitution to be interpreted. They look to several sources to determine this intent, including the contemporary writings of the framers, newspaper articles, the Federalist Papers, and the notes from the Constitutional Convention itself.
But even then, it is not that simple. There are essentially two types of “intent” recognized by scholars.....

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