Weaponizing The Past ~ The Law of Judicial Precedent

[Luxman]

"History, in one fashion or another, has a place in most constitutional arguments, as it does in most arguments of any kind, even those about whose turn it is to wash the dishes."

Scalia spent much of his career arguing for the importance of history in the interpretation of the law. “If ideological judging is the malady,” Scalia said in 2010, “the avowed application of such personal preferences will surely hasten the patient’s demise, and the use of history is far closer to being the cure than being the disease.”

Interesting read, gave me a better understanding and idealized respect for the justice system.

http://www.newyorker.com/magazine/2017/03/27/weaponizing-the-past

 

[Jack Davenport]

Read the Federalist Papers. Something that only a small percentage of lawyers have read and an even lower percentage of non lawyers have read.

Scalia's judicial philosophy is steeped in them