For Alito, Scalia, and Thomas are "originalists" -- justices who claim that it is not previous Supreme Court precedent that should govern, but instead the intentions and understanding of those who drafted the Constitution (and its amendments). ❋ Unknown (2009)
He offers no neat, pat, "grand view of law," as he puts it, no "all-encompassing theory" to match that of so-called originalists like Scalia and Justice Clarence Thomas. ❋ Unknown (2010)
Randy Barnett, who claims to be a so-called originalists wants to use the 9th Amendment which says “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” as a reason to create a “presumption of liberty.” ❋ Unknown (2010)
The so-called originalists on the present Supreme Court, Justices Scalia and Thomas and the late Chief Justice Rehnquist, sometimes act consistently with this view. ❋ Unknown (2007)
Many of you regard yourselves as "originalists" when it comes to interpreting the Constitution, accepting the notion that our Founding Fathers knew what they were doing when they created our most sacred document. ❋ Michael Janofsky (2010)
Like that ruling, Citizens United blows away any notion that conservative judges, who profess to be "originalists" and "umpires," are in fact faithful to our Constitution's text and history or bound by reasoned precedent. ❋ Unknown (2010)
Should a judicial test of this notion occur, it will at the least prove which of the current Supreme Court Justices are, or are not, true "originalists". ❋ Gary Hart (2010)
I would call Kennedy a moderate though liberal justices Ginsburg and Breyer are far more enthusiastic about using foreign law as a way to combat the "originalists" like Scalia and Roberts. ❋ Unknown (2009)
One wonders if so-called "originalists" decided on the result they wanted and then came up with a judicial philosophy to justify it. ❋ Unknown (2009)
By his stumble, McCain feeds into the argument that conservative "originalists" overvalue the 1789 text and undervalue the Amendments. ❋ Unknown (2008)
Posner interprets the 2nd amendment as a collective and not an individual right; and then states that "originalists" should therefore agree with his interpretation, since that's what was originally written. ❋ Ann Althouse (2008)
The "original intent of the Founders" doesn't mention an Air Force or a Coast Guard, therefore "originalists" who claim that everything must be mentioned need to dissolve the US Air Force and Coast Guard. ❋ Unknown (2007)
Here is part of Leff's account: I allowed as to how I wasn't a lawyer, I was a rabbi and more expert in Jewish law than secular law--to which he replied something like "Thank God," which I wasn't sure how to take--and I opined as to how the rabbis were "originalists" regarding the Torah after all, it comes from God! ❋ Howard M. Friedman (2007)
