tag:blogger.com,1999:blog-7321349.post342556783730624950..comments2024-03-18T22:21:33.261-07:00Comments on The Debate Link: Originalism: A PrimerDavid Schraubhttp://www.blogger.com/profile/04946653376744012423noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7321349.post-54464312029427494892007-09-21T07:51:00.000-07:002007-09-21T07:51:00.000-07:00Nice summary.For those wondering how these terms a...Nice summary.<BR/><BR/>For those wondering how these terms apply to the Supreme Court justices, I would say that Scalia is somewhere between an "original meaning" and "textualist," and is very contemptuous of original intent or any other use of legislative history. I'd also consider him relatively honest: he took the most radical position in Hamdi, stating that as a citizen, even an alleged terrorist had to get a full criminal trial.<BR/><BR/>Thomas has gotten into some truly <A HREF="http://www.blogdenovo.org/archives/001729.html" REL="nofollow">bizarre</A> original understanding positions, such as "If courts let schoolmasters discipline students for 'speech' in the 1800s, that's what the 1st Amendment was understood to mean, so clearly the 1st Amendment does not protect student speech." That the courts also let schoolmasters force Catholics (such as Thomas and the other 4 conservatives) to say Protestant prayers in public schools does not seem to enter Thomas's mind as clearly indicating that the 1st Amendment does not protect the religious rights of Catholic students.PGhttps://www.blogger.com/profile/09381347581328622706noreply@blogger.com