originalism
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Watch Scalia and Breyer Debate Competing Theories of Constitutional Interpretation

Mar 3, 2023
If you want to deepen your understanding of the differences between “originalism” and “living constitutionalism” as competing theories of constitutional law and interpretation, there’s no better place to begin than with the 2006 debate between the late conservative Supreme Court Justice Antonin Scalia and the recently retired liberal Justice Stephen Breyer.

The Supreme Court’s War on the Future

Dec 19, 2022
This Dig investigates the political and ideological capture of the Supreme Court by the GOP and its dark-money donors. After chronicling the legal doctrine of "originalism" and its influence in pulling the country backwards, this series explores how Americans can reclaim the Court in the name of our rights, our liberties, and our democracy.

Souter’s Challenge to Scalia

Jun 3, 2010
It should become the philosophical shot heard ’round the country. In a remarkable speech that received far too little attention, former Supreme Court Justice David Souter took direct aim at the conservatives' favorite theory of judging.In a remarkable speech that received far too little attention, former Supreme Court Justice David Souter took direct aim at the conservatives' favorite theory of judging.