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We Are All Cafeteria Originalists Now (and We Always Have Been)

Balkin, Jack M.
Keywords
Gregory, Wilton; United States. Supreme Court; Originalism (Constitutional interpretation); Constitutions; Catholics
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Faculty Scholarship Series
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Abstract
Americans are “cafeteria originalists." They pick and choose when to follow the views of the founders, framers, or adopters (as they understand them) and often artfully re-characterize these views to support contemporary political and legal arguments. Even self-described originalist judges are originalist only when they want to be.
URI
http://hdl.handle.net/20.500.13051/18519