Total run time:
5m
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.
Professor John McGinnis explains that although originalism can be difficult, the enterprise becomes gradually easier as more originalist work is done. There is now a community of scholars, judges and students who have developed originalist methods t
...
Professor John McGinnis explains that although originalism can be difficult, the enterprise becomes gradually easier as more originalist work is done. There is now a community of scholars, judges and students who have developed originalist methods that can be used in scholarship and judicial review. Originalism aims to provide an objective basis for evaluating the constitution and that’s an important endeavor, even when it is difficult to achieve.
Professor John O. McGinnis is the George C. Dix Professor in Constitutional Law at Northwestern University School of Law.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Subscribe to the series’ playlist:
https://www.youtube.com/playlist?list=PLWwcngsYgoUXu97xPQ7LdAJ0Oh7I7w-Dt
Total run time:
5m
Course:
Total videos:
2
Difficulty:
Elective
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