Opinion Columns & Blogs

February 10, 2014

Cass R. Sunstein: Spurn siren call of constitutional originalism

“Originalism” is an influential theory of constitutional interpretation. In the 1960s, Supreme Court Justice Hugo Black, a prominent liberal, marched proudly under the originalist banner. In the modern era, originalism is championed by Justices Antonin Scalia and Clarence Thomas, the court’s most conservative members.

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