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Scalia's Originalism Opposed by Madison/Jefferson

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Scalia's cramped view of the US Constitution, which he describes as being rooted in the original intent of the Constitution's authors, was explicitly opposed by the primary architect of the US Constitution and the Bill of Rights, Madison, as well as by Jefferson.

Scalia's version of original intent fails even on its own terms: the original intent of the Constitution evidently was to create a living document in which definitions of liberty would continually be expanded.


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