Trumping Precedent with Original Meaning: Not as Radical as It Sounds

  title={Trumping Precedent with Original Meaning: Not as Radical as It Sounds},
  author={Randy E. Barnett},
  journal={Constitutional commentary},
In recent years, originalism as a method of interpretation has grown in its intellectual and practical appeal. The latest challenge to originalism from nonoriginalists is based on the doctrine of precedent. Acceptance of originalism, it is charged, would necessitate the reversal of crucially important landmark decisions and thereby provides a reductio ad absurdum of originalism. Until recently, few originalists have considered carefully the relationship between originalism and the doctrine of… 
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