LPHS’ David Coale discusses originalism and the intent by the framers of the Constitution in a recently authored commentary published in Texas Lawyer.
“The United States Supreme Court and U.S. Court of Appeals for the Fifth Circuit are conservative institutions, committed to principles of originalism in constitutional cases. In theory, focusing on the framers’ original intent about the Constitution leads to good decisions based on objective evidence—the framers intended something, or they didn’t. Two recent cases draw that assumption into question, however, and suggest that today’s “originalists” may have taken that principle a step too far.”
Read David’s commentary here.