To be sure, there is great security in constitutional interpretation that is based on a close textual analysis. And Justice Scalia has been labeled a textualist, even if he himself seems to prefer the original intent approach to divining constitutional meaning. He is clearly on to something in analyzing history for constitutional clues. For, as
To be sure, there is great security in constitutional interpretation that is based on a close textual analysis. And Justice Scalia has been labeled a textualist, even if he himself seems to prefer the original intent approach to divining constitutional meaning. He is clearly on to something in analyzing history for constitutional clues. For, as our most recent presidential election underscored, the general public has become dangerously deficient in its understanding of both history and Constitution.
The fly in the ointment for Scalia
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