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Worse Than Nothing_ The Dangerous Fallacy Of Originalism By Erwin Chemerinsky EPUB

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	Status:	All the torrents in this section have been verified by our verification system
Category:	eBooks
Infohash	96cf54eb099c6fac3c687cc554ea0a0493c81061
Size:	278.8 kB in 2 files
Release Date(s):	Torrent Release: 14-01-2023 by user
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Worse Than Nothing: The Dangerous Fallacy of Originalism by Erwin Chemerinsky EPUB

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.

Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.

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Filename		Size
	free audiobook version.txt	1015 B
	Worse Than Nothing_ The Dangerous Fallacy of Originalism by Erwin Chemerinsky.epub	277.8 KB

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