Books
Jul. 10, 2010
The Moral Foundations of Originalism
The concept of a so-called "living" constitution violates the separation of powers, turns judges into policy makers, and weakens the role of the Court, writes Gary McDowell of the University of Richmond.
Twenty-five years ago this week, on July 9, 1985, Attorney General Edwin Meese III at the annual meeting of the American Bar Association called for the nation and her courts to abandon their errant juridical ways and return to "a jurisprudence of original intention." Meese understood that when judges cease to exercise their purely legal discretion, and begin to exercise a political discretion, they commit what the great Chief...
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