Using Original-Meaning-Originalism
RJLipkin at aol.com
RJLipkin at aol.com
Wed Nov 28 07:24:05 PST 2007
Is there any example, whether a judge's (or attorney's) actual argument,
submitted at the Founding or any subsequent era, or a scholar's reconstruction
of an actual case or examination of a hypothetical case where
original-meaning-originalism is clearly distinguishable from textual or
original-intent-originalism? I'm aware, of course, of judicial history lessons in dozens of cases
such as Thorton, Printz, and so forth. But I'm looking for an interpretive
methodology that clearly demonstrates the public meaning of X as Y, step by
step and independent of advocacy. I hope I've clearly stated the object of my
inquiry.
Please forgiving my double-posting but, if there is an answer to my
question, I'm sure both law school scholars and political scientists will
contribute to articulating the answer. Thanks very much, and off-list replies
are fine.
Bobby
Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware
Ratio Juris, Contributor: _ http://ratiojuris.blogspot.com/_
(http://ratiojuris.blogspot.com/)
Essentially Contested America, Editor-In-Chief
_http://www.essentiallycontestedamerica.org/_ (http://www.essentiallycontestedamerica.org/)
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