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The Three Whisky Happy Hour: Getting Right with the 14th Amendment, with Randy Barnett

Power Line

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I Don't Find Scalia an Originalist at All.

I don't find scalia an originalist at all in the sense that you talk about. Originalism needs to have its grounding in some understanding of natural right, natural rights. Scalia's a positivist from the word go. And even though he has a certain amount of a deference that he'll play to whatever the public meaning was at the time. I'm much more inclined to follow justice thomas's lead on when precedent should be followed.

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