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Originalism v. Common Law

Originalism v. Common Law

Advisory Opinions

May 7, 20241h 17m

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Show Notes

Judge Edmund Sargus from the Southern District of Ohio joins Sarah and David to take on originalism and different means of constitutional interpretation.

The Agenda:

Brown v. Board of Education and the different judicial philosophies that can be applied to the case

—Originalism vs. common law traditionalism

—Challenges and limitations of textualism and originalism

—Landmark cases and the Supreme Court’s decisions shaping societal progress

—Interpreting ambiguous constitutional terms like ‘equal protection’ and ‘due process’

Thus ends DEI

Show Notes:

Plessy v. Ferguson

Rutan v. Republican Party

Bostock v. Clayton County

Loving v. Virginia

A blast from the past: Rep. James A. Traficant found guilty of corruption

David for the NYT: The Magic Constitutionalism of Donald Trump

Seceding from Secession: The Civil War, Politics, and the Creation of West Virginia

Fifth Circuit opinion from Judge Andrew Oldham

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