Originalism and the Courts

Originalism and the Courts

 

What is the proper role of a judge? Where did the power of judicial review come from? What things are judicially enforceable? This unit in the No. 86 curriculum project explores the intersection between judges and their duty to interpret the Constitution. Are judges able to use Originalism in their research and rulings or does it require academic expertise?  

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6 of 7: Modern Cases that Violate Original Meaning [No. 86]

Professor Michael McConnell offers three examples of cases in the 20th century that are at odds with the original meaning of the Constitution. In Home Building and Loan Association v. Blaisdell, the Court upheld a state law that was in violation of t ... Professor Michael McConnell offers three examples of cases in the 20th century that are at odds with the original meaning of the Constitution. In Home Building and Loan Association v. Blaisdell, the Court upheld a state law that was in violation of the Contracts Clause. In Lochner v. New York and Roe v. Wade, the Court struck down state laws that were clearly within state powers under the Constitution.

Michael William McConnell is a constitutional law scholar who served as a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. Since 2009, McConnell has served as Director of the Stanford Constitutional Law Center at Stanford Law School.

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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