U.S. Supreme Court
Sep. 16, 2015
If we don't look to original meaning, what else is there?
Justice Scalia adheres to "originalism," a method of interpretation that looks to the commonly understood meaning of the Constitution's words at the time of adoption. What other meaning is there?
Eric C. Tung
Partner
Jones Day (Los Angeles)
Appeals and Motions Practice in Commercial Litigation
Justice Antonin Scalia adheres to "originalism," which is a method of interpretation that looks to the commonly understood meaning of the Constitution's words at the time of adoption. Erwin Chemerinsky, dean of UC Irvine School of Law, rejects this view, urging that the "Constitution's meaning must evolve." ("Majority shuns Scalia's approach," Aug. 18). He exhorts that "the original understanding of a constitutional provision ... should not be con...
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