U.Va Law: Originalism Is Political, Not Judicial, Philosophy, Post Says

Originalism is a highly effective political strategy, rather than simply a jurisprudential philosophy of adhering to the exact text of the Constitution and the original intent of the framers, said Robert Post at the biennial McCorkle Lecture March 29.

Post, the David Boies Professor of Law at Yale Law School, explained to an audience in Caplin Pavilion that originalism is effective because it mobilizes conservative organizations to pressure the president to appoint judges who claim originalism as a philosophy for judicial interpretation, or who say they will be faithful to the original meaning of the Constitution.

“Originalism becomes a means of arousing voters on the right who then come out and vote for a president who appoint the right sort of justices who will create the right sort of law,”kj Post said.

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