Phony Originalism
August 13, 2009
Tenth Amendment Center
8/12/2009
In D.C. Left and Right Agree: Constitution be Damned!
Since the days of Ronald Reagan and Edmund Meese, the Republican Party’s position has been that judges should be bound by the people’s understanding of a particular constitutional provision at the time they ratified it. This notion goes under the name “originalism.”
Recent events, including the Republican response to President Obama’s nomination of Judge Sonia Sotomayor to the Supreme Court, reveal that the party is a highly unreliable vehicle for this principle.
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