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Episode 116: Charles Zug - Demagogues in American Politics

The Political Theory Review

CHAPTER

The Originalism Defense Against Other Judiciary Philosophies

Jeffrey Toobin: The way in which scalia engages that argument is interesting. He says the purpose of judging is not to just blindly defer to what we think the founding generation's opinions were. Justices are not exempt from that, right? And so he sort of develops that case more or less along the lines that you suggested. But Dworkin has a critique of this view that's included in that book and really dismantles it.

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