Constitutional Law
Jul. 14, 2000
Design Dilemma
Original intent is an unworkable, profoundly anti- democratic theory of constitutional analysis that should be discarded once and for all. Proponents of the theory - an influential group of conservatives which includes Chief Justice William Rehnquist, Justice Antonin Scalia and former Judge Robert Bork, among others - claim that the meaning of the Constitution was fixed for all time at the time it was ratified.
Original intent is an unworkable, profoundly anti- democratic theory of constitutional analysis that should be discarded once and for all. Proponents of the theory - an influential group of conservatives which includes Chief Justice William Rehnquist, Justice Antonin Scalia and former Judge Robert Bork, among others - claim that the meaning of th...
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