Tuesday, September 27, 2005

Originalism Mainstream?

This article by Akhil Amar at Slate is a paean to Originalism, which, he is claiming, is not hostile to liberal views.

It is interesting to consider that, as Brennan feared in the Supreme Court's ruling on the extent of 7th amendment jury right, the Court could become a historical debate club.

Anyone who favors the restraint imposed by textualism must welcome this potential shift of the terrain of battle.

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