A FOOL FOR THE ORIGINAL CONSTITUTION

The author confesses that Justice Antonin Scalia was one of his heroes. For a spell, Professor Jamal Greene was of a similar mind. Something happened over the spring or summer of 2016, from the pages of the New York Times to the pages of the Harvard Law Review. Greene's overflowing praise has d...

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Veröffentlicht in:Harvard law review 2016-11, Vol.130 (1), p.24-24
1. Verfasser: Prakash, Saikrishna Bangalore
Format: Artikel
Sprache:eng
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Zusammenfassung:The author confesses that Justice Antonin Scalia was one of his heroes. For a spell, Professor Jamal Greene was of a similar mind. Something happened over the spring or summer of 2016, from the pages of the New York Times to the pages of the Harvard Law Review. Greene's overflowing praise has dried up. The author does not know what intervention or epiphany triggered this seismic shift, but the reversal, executed over a few months, is extraordinary. His remarks largely track Greene's. This article discusses Justice Scalia's guiding lights, elements underscored in his many writings and speeches. This article briefly comments on what it considerd minor blemishes in his jurisprudence. This article discusses his outsized influence and why it likely will endure. Finally this article makes a few observations about Greene's claims that originalism is "regressive" and that Justice Scalia's critics had reason to carp that the Justice's jurisprudence and remarks were bigoted.
ISSN:0017-811X
2161-976X