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Should SCOTUS Focus on the Original Meaning of the Constitution?
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Should the Supreme Court Focus on the Original Meaning of the Constitution?
When I went to law school, I loved the Constitution. But every time we got to one of the good parts of the Constitution, like the Ninth Amendment that says the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people,. Then I would turn the page of the casebook and I would see that the Supreme Court had basically written that out of the Constitution. Now many of those provisions have not been restored yet, even by conservative justices who claim to be originalist.
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