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Showing 1 to 8 of 8 for “"Originalism"”.
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The Mythic Underpinnings of Originalism: A Rhetorical and Legal Analysis
Originalism, despite its presentation as a neutral legal methodology, functions as a mythic narrative rooted in American exceptionalism and reverence for the founding era. While contemporary legal and political conditions differ radically from those of the 18th century, originalist jurists insist …
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Originalism & Judicially-Enacted Religious Exemptions: Revisiting <em>Employment Division of Oregon v. Smith</em>
<p>In the 1963 case Sherbert v. Verner , the Supreme Court read the First Amendment’s Free Exercise Clause to mean that, in certain cases, religious believers should be exempted from otherwise applicable laws. In 1990, the Supreme Court essentially overturned that framework in the case Employment …
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Constitutional limitations and the rule of law: an Indian perspective
… approaches—namely living constitutionalism, originalism, and the doctrine of basic structure—have shaped Indian constitutional jurisprudence and assesses their compatibility with the foundational ideals of the rule of law.</p>
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Religious liberty through the lens of textualism and a Living Constitution : the First Amendment Establishment Clause interpretations of Justices William Brennan, Jr. and Antonin Scalia.
… methods of constitutional interpretation, originalism, textualism and the Living Constitution method are examined. Justice Brennan's and Justice Scalia's jurisprudential visions are examined generally, and in the context of their Establishment Clause jurisprudence. The paper concludes that …
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Alterpieces: Artworks as Shifting Speech Acts
… view in the philosophy of art – what I call ‘Originalism’ – that the meaning of an artwork is fixed by factors which held at the time of the work’s creation, and so cannot change across time. I argue that this is mistaken: artworks can change in meaning. Curatorial factors can affect an …
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The Politicization of the American Judiciary: Practical and Theoretical Consequences of a Partisan Supreme Court
The Federalist Society, acting as a Political Epistemic Network, has effectively employed a long-term strategy to engineer a Supreme Court that propagates conservative legal ideology. The organizational structure of the Federalist Society finds, recruits, and retain members who will wield the …
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Límites materiales al poder de reforma, enmiendas a la Constitución de 1991 y originalismo orgánico
La creación del control de constitucionalidad por vicios de competencia vía jurisprudencia, en clara contravía del artículo 241 de la Constitución, pone de presente la necesidad de fortalecer los límites competenciales que la Carta establece para las autoridades judiciales, para lo cual se propone …
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Compelled Decryption and the Right Against Self-Incrimination: Obsta Principiis
<p>Amidst the debate over compelled decryption, most courts and commentators have failed to recognize that the Act of Production Doctrine has swallowed the right against self-incrimination. The right against self-incrimination was created for the express purpose of preventing the government from …