Theories of Constitutional Interpretation and How to Think About Upcoming Constitutional Cases

I. Introduction Anytime a constitutional case intersects with the culture wars, you can bet your bottom dollar that everyone on social media will magically become a constitutional scholar–in their own minds anyway. Yes, folks, merely believing something is sufficient for it being true. But I digress (already)… In this post, I’m going to give an […]

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Constitutional Interpretation: Dworkin’s Response to Scalia

Notes and Thoughts on A Response to Scalia by DworkinOverviewNote, some of the content in the article–as you might expect–refers back to the Scalia posts.Dworkin agrees with Scalia that the Constitution should be interpreted according to original textual meaning but distinguishes two approaches.  The first is semantic originalism: the idea that clauses ought to be […]

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