| Liberals wouldn't even claim to support supply-side economics, originalism, or small government. |
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| Whether Gore, cynically, committed himself to originalism to make some political hay is quite besides the point. |
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| Only a commitment to originalism provides a solid foundation for constitutional adjudication. |
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| Still, originalism is the only jurisprudence fully compatible with our form of government. |
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| In order to show that the Justice was exaggerating the history of originalism, the original story contained some questionable claims. |
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| But when the logical outcome of originalism is contrary to his goals, originalism goes right out the window. |
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| What originalism does do is establish objective parameters for analyzing most constitutional questions that arise. |
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| This, however, was not the first time that originalism had surfaced on the American political scene. |
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| Of course, none of this means that Stevens was right or wrong, or that originalism is a good or bad tool for understanding the constitution. |
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| Liberals wouldn't even claim to support supply side economics, originalism, or small government. |
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| Yet originalism frequently fails at its own game of suppressing subjectivity and individual judicial discretion. |
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| In the judicial realm, originalism is an intellectual backstop for conservative social policies. |
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| Indeed, even people inclined to agree with him find his diatribe against originalism wanting. |
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| But when it comes to the race cases before the Supreme Court, too many conservatives abandon both originalism and judicial restraint. |
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| It is about whether originalism is the only touchstone of legitimate constitutional interpretation. |
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| This is fitting, as originalism has more in common with biblical exegesis than any responsible form of judicial decision-making. |
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| But this is where things get interesting, for this may well turn out to be a case where originalism is ideologically surprising. |
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| Justices Scalia and Thomas trumpet the value of constitutional originalism, but only when it suits their preferred outcome. |
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| Nor can they claim that Lochner violates the original meaning of the Fourteenth Amendment, since these legal analysts by and large reject originalism altogether. |
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| Acceptance of originalism, it is charged, would necessitate the reversal of crucially important landmark decisions and thereby provides a reduction ad absurdum of originalism. |
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| Thus, I conclude, adherents of textualism and originalism should recognize the time limit in the Recess Appointments Clause as a matter of constitutional law. |
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| But originalism and constitutionalism are not the same, and the opposite of original is not unconstitutional. |
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| Originalists can inquire into the original public meaning of the Equal Protection Clause without defending originalism. |
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| And since originalism relies upon the claim of intellectual consistency for legitimacy and credibility, this is a small price to pay. |
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| Justice Scalia remains, of course, the most famous proponent of originalism. |
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| The ink on the Constitution had barely dried when Americans raised questions pertaining to originalism and the Constitution's meaning. |
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| Semantic originalism claims to be able to discern Gricean sentence meaning without addressing intent. |
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| By requiring adherence to the original meaning of the constitutional text, Senator Lee sided with originalism. |
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| In Active Liberty, Breyer explains for a popular audience why his approach to statutory and constitutional interpretation is preferable to textualism or originalism. |
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| Although Scalia has more respect for stare decisis than does Thomas, both justices seem to adhere to a rigid originalism in interpreting the Constitution. |
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