Originalism v. Common Law

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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