Originalism moves from theory to high court. What that means for US.

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Publish Date:
December 21, 2021
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Christian Science Monitor
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Summary

“I consider [originalism] to be the natural and normal way in which anyone would interpret – or at least begin to interpret – a text written more than 200 years ago,” says Michael McConnell, a professor at Stanford Law School and former judge on the U.S. 10th Circuit Court of Appeals.

Scholars can do research to help cast light on what the actual meaning of the Constitution is, says Professor McConnell. Judges “have the practical job of applying it to real cases and to deal with precedents over time, and deal with prudence in judgment.”

“It’s not surprising that the answers that they give are sometimes a little different,” he adds.

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