Why Do the Catholic Justices Vote 6-3? Because Originalism is a Lying Pseudo-Theory
Author: | Ulloth, Dana |
Year: | 2022 |
Pages: | 140 |
ISBN: | 1-4955-1038-7 978-1-4955-1038-0 |
Price: | $139.95 + shipping |
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[Hardcover Edition] "One of the reasons the founders created a multi-seat court was to ensure that a diversity of knowledge and opinion would help to bring balance to its opinions. With the emergence of the new originalist block, decisions have become increasingly uniform in content. ...As I read the opinions, a question arose that seemed to demand attention: To what were the originalists being faithful? Was it to the principles of the republican government defined in the Constitution, or was it to the religious content of the justice's ideology? To answer the question, it was necessary to identify two doctrines: one secular, one religious...." -from the Author's "Introduction"
Table of Contents
Introduction
Originalism: Late Eighteenth Century Influences
Guiding Principles in the Founding Documents
Interpreting One Constitutional Provision: Weapons in Society
First Steps in Twenty-first Century Originalism
Originalism: The Central Doctrine of a Reformed Court
Originalism: What Version Will Prevail?
"Independent State Legislative Theory"
Appendix: Communication Theory and Originalism
Bibliography
Index
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