The Soapbox

BonsackHoo

Joined: 11/17/2011 Posts: 3039
Likes: 5546


Yeah originalism is an intellectually bankrupt philosophy that is used


to justify conservative policy preferences.

Conservative Justices don’t believe in “originalism” for statutory interpretation. They completely reject legislative history, and purposive reasoning for a variety of reasons to include that there isn’t a single purpose or single understanding to legislation. Rather it was a compromise position.

But in constitutional interpretation, they totally accept these principles that they reject for statutory interpretation.

Plus, there is plenty of evidence (specifically from Marshall and Madison) that the Founders rejected the idea of originalim.

For the non-delegation doctrine, just follow the text of the constitution and don’t read things in

(In response to this post by HokieDan95)

Posted: 06/22/2019 at 3:05PM



+1

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