BRENNAN CENTER FOR JUSTICE

Countering Originalism. Brennan Center for Justice ( USA ).

This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.

Originalism is now a common feature of constitutional litigation. Throughout the federal courts — and, to a lesser extent, the state courts — judges are resolving major legal questions with reference to the “original public meaning” of constitutional provisions or related concepts of “history and tradition.”

© adria fruitos