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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums"Originalism" is NOT a word & it certainly wasn't around when the Framers wrote the Constitution
"Originalism" is NOT a word, according to my dictionary, and it certainly wasn't around when the Framers wrote the Constitution, so all of Scalia's opinions must be scrapped as un-Webster-worthy.And his (Scalia's) rigorous attention to the text of the Constitution and of laws has changed the way liberals as well as conservatives conceive of the role of the highest court. But its not clear how deeply the roots of his signature legal approach, constitutional originalism, have taken hold; one scholar points out that without being more willing to build agreement, Scalia paid a price in influence for his trademark intellectual independence. For all his firepower, he authored relatively few of the courts landmark rulings, more often expressing himself in ferocious dissent. And in constantly attacking the legitimacy of his opponents, rather than just the merits of their arguments, he may have helped coarsen the public conversation around our most challenging issues.
http://www.politico.com/magazine/story/2016/02/antonin-scalia-how-he-changed-america-213631
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"Originalism" is NOT a word & it certainly wasn't around when the Framers wrote the Constitution (Original Post)
kpete
Feb 2016
OP
randys1
(16,286 posts)1. He read the constitution the way rightwing xtians read the bible, selectively and ignorantly
malthaussen
(17,202 posts)2. Come on, English is a living language.
Honestly, if we're going to complain about every neologism that comes down the pike, we'll never get anything said. Unlike many other neologisms, this one was at least evolved to define a specific process for which no previous definition existed.
-- Mal
Igel
(35,317 posts)3. There is a hole
in your dictionary.
Get a new one.
muriel_volestrangler
(101,321 posts)4. According to my dictionary, it's been in use since 1980
1980 P. Brest in Boston Univ. Law Rev. 60 204
By originalism I mean the familiar approach to constitutional adjudication that accords binding authority to the text of the Constitution or the intentions of its adopters.
One of the 4 quotes given actually talks about Scalia:
1998 N.Y. Rev. Bks. 8 Oct. 17/1
Justice Scalia, an outspoken advocate of textualism and originalism, has derided the Court's efforts to infer a right of reproductive privacy from the Constitution's other protections of liberty.
MisterP
(23,730 posts)5. heck, my 8th-grade poli sci class roleplayed the Constitutional Convention
looking back I'm surprised anyone made it out alive