Constitutional Law
Sep. 6, 2012
Originalism -- supported by history, but is that history clear?
To which Framer do we look in support of how to interpret the Constitution? By James DeRoche of Perkins Coie LLP
The recent decisions on "Obamacare" and the Arizona illegal immigrant legislation bring into question the scope of the U.S. Constitution and how broadly - or narrowly - it should be interpreted. There are two basic approaches. One adheres to a strict and narrow construction. Justice Anton Scalia is a vocal advocate for this approach, which he calls "originalism." This approach seeks out the Constitution's original intent a...
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