Posts tagged: Scalia

Neither History Nor the Constitution Compels the U.S. Senate to Confirm Obama’s Scalia Replacement

Yale1888

Written by Casey Mattox

Touchdowns were worth 4 points, field goals were worth 5, the forward pass was illegal, and these guys were the terrors of college football.

That was the setting in 1888, the last time an opposition party controlled Senate confirmed a Supreme Court nominee to a seat vacated during an election year. President Garfield’s nominee, Melville Fuller, (coincidentally, a Harvard man who would not have liked the picture above) gained the support of a barely Republican Senate.… Continue Reading

The Troubling Stakes of the Originalism-Living Constitutionalism Debate

Written by Adam Seagrave

Any defense of constitutional originalism depends on accepting the principles of natural law and natural rights on which the Constitution was founded. Unfortunately, these principles no longer have meaning for most judges, politicians, and ordinary citizens today—which has troubling implications for the future of our republic.

The passing of the greatest constitutional originalist of our time invites us to reflect on the meaning and value of reading the Constitution as Justice Scalia did—in terms of the text itself as its authors intended and the public understood it.

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Modified by Matthew Medlen.com