Originalism and Precedent

Originalism and Precedent

Is precedent always opposed to Originalism? Are there certain cases or issues when precedent is helpful or imperative? Are there so many non-Originalist precedents that Originalism is a moot point? This unit in the No. 86 curriculum explores the important question of the relationship of Originalism to preceding judicial decisions.  

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1 of 2: When Should the Originalist Respect Precedent? [No. 86]

Is precedent always opposed to Originalism? Are there certain cases or issues when precedent is helpful or imperative? Professor John McGinnis posits that the Originalist should have a couple of simple, clear rules regarding the use of precedent. ... Is precedent always opposed to Originalism? Are there certain cases or issues when precedent is helpful or imperative?

Professor John McGinnis posits that the Originalist should have a couple of simple, clear rules regarding the use of precedent. Professor McGinnis explains that while precedent is sometimes necessary, those situations ought to be an exception to Originalist interpretation and not the default rule.

Professor John O. McGinnis is the George C. Dix Professor in Constitutional Law at Northwestern University School of Law.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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About this Module

Total run time:

5m

Course:

Originalism

Total videos:

2

Difficulty:

Elective

Tags:

  • Constitution