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Should SCOTUS Focus on the Original Meaning of the Constitution?
Open to Debate
The Dead Hand of the Past
"I think I've just won this debate. Tom has just contended that we should follow the original meaning of the text of the Constitution," he says. "He adds to that concession to original meaning a claim about following 150 year old precedents where all the people who authored those precedents are dead." He then contradicts himself by saying, "Even if we could suddenly uncover some original meaning ... it doesn't answer any of the questions that we care about"
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