Term
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Definition
| thesis that meaning of the constitution should be settled by the reference to the original understanding of those who enacted the laws |
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Term
| what are the three types of originalism? |
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Definition
| intent, textualism, constructualism |
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Term
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Definition
| look back at what was originally intended by those who enacted a law |
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Term
| why does scalia critique intent? |
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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 |
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Term
| scalia's defense of textualism |
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Definition
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