When Scalia Wasn't Such an Originalist
5 Pages Posted: 30 Sep 2016
Date Written: 2016
Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
Keywords: Originalism, Scalia, Constitution, Supreme Court, Takings Clause, Fifth Amendment
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