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Phony Originalism and the Establishment Clause

By Alliance Alert

Northwestern University Law Review: "There is a serious originalist inquiry to be made into the meaning of the Establishment Clause, but none of the 'originalist' judges on the Court appear to have the slightest interest in undertaking that inquiry.Chief Justice Rehnquist and Justices Scalia and Thomas have each followed very different strategies in their efforts to unmoor the clause from its original purposes. Their efforts have, however, had two characteristics in common: they rest on dreadful historical scholarship, and they conveniently coincide with the agenda of the Republican party."

Full post as published by Constitutionally Correct on July 15, 2009 (boomark / email).