3min chapter

Case in Point: The Legal Show for Regular People cover image

Originalism 101

Case in Point: The Legal Show for Regular People

CHAPTER

Originalism Is Always the Way They Did Law

The Supreme Court has not always been good at doing originalism, Scalia says. Dred Scott and post-reconstruction is a good example of how the court didn't do it properly. But he argues that if you look at any early opinion from the Marshall Court, pre-Marshall Court even, they were all originalists.

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