Originalism and the Desegregation Decisions

  title={Originalism and the Desegregation Decisions},
  author={Michael W. McConnell},
  journal={Virginia Law Review},
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I deploy the sense-reference distinction and its kin from the philosophy of language to answer the question what in constitutional interpretation should, and should not, be able to change after
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This chapter in the forthcoming volume "Precedent in the United States Supreme Court" (Springer 2013) examines the relationship among three normative questions about American constitutional law: How
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Justice Samuel Alito has sat on the judicial bench for nearly 30 years and has authored more than 250 Supreme Court opinions, nearly 40% of those for a majority of the Court.1 But his jurisprudence
A Description of Originalism
The history of American constitutional interpretation has largely been an originalist one. At the Founding, the Framers and Ratifiers employed originalism when debating, drafting, and authorizing the
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In Chapter 1, I described originalism’s current status, and I noted the many areas of current debate among originalists. My description was ecumenical because it did not “take sides” in the debates.
Originalism's Promise