American Legal History

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OnOriginalismJeffreyGlassProject 3 - 18 Nov 2016 - Main.JeffreyGlass
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 That is the basic dilemma. I then propose that belief in originalism is the other reason. This is a belief that Americans have chosen to uphold through each generation. It is not efficiency-maximizing - rather, it is a limit on efficiency that the American people have chosen because it suits us.

-- JeffreyGlass - 05 Nov 2016

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So, the conclusion is that originalism has a lineage going back to the original debates over how the constitution should be interpreted, but that lineage does not prove that the doctrine should have bite. The should question depends on the assumptions that support originalism and whether or not they are justified.

-- JeffreyGlass - 18 Nov 2016

 
 
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