The Positive Turn
06/16/21 • 52 min
In Episode 3 of Deep Dive, Will and Adam dissect the claim that originalism is "our law." They discuss how courts handle precedent and policy, and also ponder how judges can change their mind while still being an originalist.
Recorded January 25, 2021
In Episode 3 of Deep Dive, Will and Adam dissect the claim that originalism is "our law." They discuss how courts handle precedent and policy, and also ponder how judges can change their mind while still being an originalist.
Recorded January 25, 2021
Previous Episode
The Counterarguments
In Episode 2 of Deep Dive, Will and Adam discuss some counterarguments to originalism, both descriptive and normative. They also discuss federalism, judicial choice, and well... there is just too much to sum it all up.
Recorded January 14, 2021
Next Episode
Applications
In Episode 4 of Deep Dive, Will and Adam review the positive turn and discuss how originalism applies to modern problems such as the administrative state, handgun laws, and the Affordable Care Act.
Recorded February 1, 2021
If you like this episode you’ll love
Episode Comments
Generate a badge
Get a badge for your website that links back to this episode
<a href="https://goodpods.com/podcasts/dissenting-opinions-319882/the-positive-turn-46797914"> <img src="https://storage.googleapis.com/goodpods-images-bucket/badges/generic-badge-1.svg" alt="listen to the positive turn on goodpods" style="width: 225px" /> </a>
Copy