The Evolution of Originalism
We the People
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Evolution of Originalism and Judicial Restraint vs. Constraint
The chapter delves into the evolution of originalism within the conservative judicial movement, particularly focusing on the shift from judicial restraint to constraint. Specific cases like Rach and Lopez are discussed, highlighting Justice Scalia's shift towards the constraint principle over restraint. The discussion explores Jefferson's rules for interpreting the Constitution and raises questions on the distinctions between Jeffersonian and Hamiltonian approaches, as well as the views of historical figures like Jefferson, Hamilton, and Madison on federal court power.
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