Constitutional Law
Mar. 18, 2017
Do liberals want conservative nonoriginalists?
At least in recent years, conservative nonoriginalists have looked different. Some of them have been strong believers in judicial restraint.
Mike Rappaport
Professor of Law
University of San Diego School of Law
Mike Rappaport is Darling Foundation professor of law at the University of San Diego, where he also serves as director of the Center for the Study of Constitutional Originalism.
Randy Barnett, a professor of legal theory at the George University of Law Center, asks liberals the following question:
Why would you possibly want a nonoriginalist "living constitutionalist" conservative judge or justice who can bend the meaning of the text to make it evolve to conform to conservative political principles and ends? However much you disagree with it, wouldn't you rather a conservative justice consider himself constrained by the text of the Constitution like, say, th...
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