A piece in the current Chronicle of Higher Education surveys the remarkable success of the conservative Federalist Society in dominating the judiciary: http://chronicle.com/article/How-Conservatives-Captured-the/138461/
Of interest for our purposes is the Society's official "originalist" view of constitutional interpretation, "... exemplified by the
jurisprudence of Justice Scalia. That view posits that to interpret the
Constitution, one must search for the original meaning of its
provisions. The argument is that the original meaning of words may be
objectively determined by recourse to historical sources that reveal how
the words were used at the time, and that the original meaning is the
only legitimate method of interpreting the document."
Friday, April 19, 2013
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