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The Courts and the Rule of Law
75 posts, newest first (page 4 of 4).
The 1985 Debate Between Edwin Meese and William Brennan That Revived OriginalismIn 1985 an Attorney General and a Justice traded speeches that launched the modern argument over how to read the Constitution. Textualism and Originalism Are Cousins, Not Twins, and the Difference MattersTextualism reads statutes and originalism reads the Constitution, and keeping them apart clears up most public arguments about judges. Why Originalism Is the Only Method That Binds the Judge as Well as the CitizenA judge who may update the Constitution answers to no one, so fixing its meaning at ratification keeps judges under the same law as everyone else.
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