Originalism

Antonin Scalia Antonin Scalia was an Associate Justice of the Supreme Court of the United States. Appointed by President Ronald Reagan in 1986, he was often described as the intellectual anchor of the Court’s conservative wing. Antonin Gregory Scalia was born in Trenton, New Jersey on March 11, 1936. He attended Georgetown University as an undergraduate and obtained his Bachelor of Laws degree from Harvard Law School. After spending six years in a Cleveland law firm, he became a law school…

synonymous with their political beliefs (196-7). Whitehouse focuses on conservative judge philosophy as that was the majority in Citizens United and determines the judicial doctrine that the judges claimed to hold which include a preference for originalism, the interpretation of the constitution based on the writer’s intentions, respect for precedent,…

Rush Limbaugh has nothing to do with Engel v Vitale, the Red Scare or religions’ proper place in the educational system in the 1960s, but this quote describes exactly what permeated the minds of Americans at the time. It was conservatives against liberals, the United States against the Soviets, religion against secularism, First Amendment activists against anti-Communist crusaders and so on. Freedom from an established religion and the ability to freely exercise any religion of your choosing are…

contemporary conditions..." Breyer reasoned that because provisions of the Supreme Court are not applied in a vacuum, it's best that they are not synthesized in one. Breyer's judicial philosophy is the more practical, modern alternative to extremist originalism promoted by strict…

One of these views is called “originalism”. Originalism consists of the idea that the way the Constitution should be portrayed is the exact same way in which it was created. Originalists believe that the Constitution should have the same meaning as when it was made. Most of the people who think…

It has been nearly a year since the death of Supreme Court Justice Antonin Scalia. In that time, we have witnessed a revolt by senate Republicans over Obama’s nominee Merrick Garland, a presidential election in which Republican’s promised a nominee to succeed Scalia, and now, the nomination of Neil Gorsuch. But who exactly is President Trump’s nominee? Neil Gorsuch, age 49, if confirmed, would become the youngest sitting Supreme Court Justice since Clarence Thomas was confirmed as an Associate…

History and American Studies, as well as a professor of political science at Stanford University. He is the author of six books and has won numerous awards, most notable the 1997 Pulitzer Prize for History for his work questioning the validity of originalism, Original Meanings: Politics and Ideas in the Making of the Constitution (Knopf, 1996). However, this review is of one of his lesser known works, James Madison and the Creation of the American Republic (Pearson, 1990), which begins with the…

The Supreme Court has a unique purpose within the United States government. The United States Supreme Court has the ability to guide the actions of the President of the United States and Congress. The Supreme Court’s role is to ensure that the President or Congress do not make decisions that can violate any articles of the Constitution. “It can tell a President that his actions are not allowed by the Constitution. It can tell Congress that a law, it passed violated the U.S. Constitution and is,…

out for themselves because advice and consent would be interpreted in a way as it would be at the time it was written (pg. 140). Further, they would see at something congress should do, although there is a difference in the political environment. Originalism is different at interpreting advice and consent, then how a pragmatist would do it because pragmatists look at it context to today, but they look at how it would be applied to in reality and how it would…

The Supreme Court was created by the Judiciary Act of 1789. The Supreme Court takes its power from the Article III in the constitution. Above the main entrance of the supreme court are the words Equal under the Law. The supreme court is in charge of ensuring that the American people have equal justice under the law and acts as a guardian and an interpreter of the constitution. There are three principals that defines the constitution and how the law works. One principle is that the Constitution…