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Unfair laws / Why judges should be originalists (William Baude)
Rationally Speaking Podcast
Are the Living Constitutionalist Judges Uncharitable?
The living constitutionalist judges, how do they decide what makes a better interpretation of the meaning of the law? Yes. They might draw on precedent and practice that's happened since the provision was enacted. So maybe it originally meant one thing, but for the past forty years, we've all been treating it like it means this other thing.
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