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kpete

(71,996 posts)
Sun Feb 14, 2016, 02:19 PM Feb 2016

"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 it’s 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 court’s 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
He read the constitution the way rightwing xtians read the bible, selectively and ignorantly randys1 Feb 2016 #1
Come on, English is a living language. malthaussen Feb 2016 #2
There is a hole Igel Feb 2016 #3
According to my dictionary, it's been in use since 1980 muriel_volestrangler Feb 2016 #4
heck, my 8th-grade poli sci class roleplayed the Constitutional Convention MisterP Feb 2016 #5

malthaussen

(17,202 posts)
2. Come on, English is a living language.
Sun Feb 14, 2016, 02:27 PM
Feb 2016

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

muriel_volestrangler

(101,321 posts)
4. According to my dictionary, it's been in use since 1980
Sun Feb 14, 2016, 08:27 PM
Feb 2016

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
Mon Feb 15, 2016, 12:24 AM
Feb 2016

looking back I'm surprised anyone made it out alive

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