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Exam 3
Originalism
5
Philosophy
Undergraduate 3
04/30/2014

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Term
originalism
Definition
thesis that meaning of the constitution should be settled by the reference to the original understanding of those who enacted the laws
Term
what are the three types of originalism?
Definition
intent, textualism, constructualism
Term
interpretation
Definition
look back at what was originally intended by those who enacted a law
Term
why does scalia critique intent?
Definition
1. if intent was all that mattered we could just discard written law
2. legislative intent is not unifiying, there is a lot of negotiation involved
3. dangerous for judges to discern intent. by doing this they side step the will of the people
Term
scalia's defense of textualism
Definition
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