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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7 of 7: Are Judges Competent to Determine Original Meaning? [No. 86]

Professor Ilan Wurman discusses how judges are required to do research and make decisions on a variety of legal topics. Judges are just as qualified to research the original meaning of the law as they are to interpret language or economic arguments. ... Professor Ilan Wurman discusses how judges are required to do research and make decisions on a variety of legal topics. Judges are just as qualified to research the original meaning of the law as they are to interpret language or economic arguments.

Ilan Wurman is a visiting assistant professor at the Sandra Day O'Connor College of Law at Arizona State University, where he teaches administrative law and constitutional law. He is the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017).

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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