The integrity and impersonality of originalism

Article Abstract:

Originalist arguments are based on the axiomatic truth that the authority granted to judges by the Constitution also requires that they adhere to the text of the Constitution in their decision-making. Two other strengths of originalism also demonstrate the weakness of nonoriginalist arguments. Relying on original intent ensure that the legitimacy of judicial authority is preserved and respected. Originalism also better embodies impersonality in decisionmaking by ensuring litigants that external factors beyond the Constitution's text will not interfere with their access to justice.

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Thoughts from a "real" woman

Article Abstract:

Women should not be considered a special class of people in need of special protection in the eyes of the law. Doing so would only make less clear the requirement that the law to is protect everyone equally. Women can vote and will protect their own interest in that manner. Unfortunately, feminists who seek special protection for their beliefs and rights are failing to recognize the overriding importance of individual rights and the possible loss of these rights that occurs when groups receive special protection.

Equality before the law, Equal protection, Political aspects, Feminism, Feminist jurisprudence

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Originalism as an "ism."(Originalism, Democracy, and the Constitution: The Fourteenth Annual National Student Federalist Society Symposium on Law and Public Policy - 1995)

Article Abstract:

Originalist adherence to the text of the Constitution is not beyond question, as some originalists assert, because it is a philosophical orientation, but it is preferable to the approaches espoused by nonoriginalist legal scholars. Nonoriginalists often rely on arguments based on the scope of constitutional authority. Originalism should be seen as an essential component of constitutional law that provides the foundation for warranted judicial activism.

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