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Don’t Embrace Originalism to Defend Trump’s Impeachment, argues Fordham Historian Prof. Saul Cornell.

In The New Republic, Fordham Historian Prof. Saul Cornell argues that “Liberal legal scholars are at risk of falling into a right-wing trap.” Cornell continues to argue: “In the pending congressional impeachment inquiry, the House Judiciary Committee is charged with (among other things) taking up the question of what the constitutional process of impeachment means. To aid them in this solemn task, committee Chairman Jerry Nadler and his colleagues on Wednesday summoned an impressive list of constitutional scholars to offer authoritative interpretations of the Constitution’s impeachment clauses.”

He continues: “The present debate over Donald Trump’s impeachment has largely been framed in originalist terms. But for all of this doctrine’s supposed appeal as a settled form of legal interpretation, it would be prudent to recognize that originalism now comes in about as many flavors as the Ben and Jerry’s product line. The dominant model, for the moment, is what’s known as public meaning originalism. Champions of this approach contend that the goal of interpreting the Constitution is to identify what a competent and reasonably well-informed speaker of American English in 1788 would have thought the words of the text meant. For Republicans and many movement conservatives, public meaning originalism is the default mode of inquiry for virtually every constitutional question. The Federalist Society, the influential right-wing legal group that now effectively issues the union card for entry into right-wing politics and law, has made public meaning originalism its unofficial philosophy, arguing in essence that originalism is not simply the best, but is indeed the only legitimate mode of interpreting the Constitution.”

You can read more at https://newrepublic.com/article/155891/dont-embrace-originalism-defend-trumps-impeachment

Saul Cornell

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