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Living Originalism, Peter J. Smith, Thomas Colby
Living Originalism, Peter J. Smith, Thomas Colby
GW Law Faculty Publications & Other Works
Originalists routinely argue that originalism is the only coherent and legitimate theory of constitutional interpretation. This Article endeavors to undermine those claims by demonstrating that, despite the suggestion of originalist rhetoric, originalism is not a single, coherent, unified theory of constitutional interpretation, but is rather a disparate collection of distinct constitutional theories that share little more than a misleading reliance on a common label. Originalists generally agree only on certain very broad precepts that serve as the fundamental underlying principles of constitutional interpretation: specifically, that the “writtenness” of the Constitution necessitates a fixed constitutional meaning, and that courts that see …
The Constitutionality Of Breed Discriminatory Legislation: A Summary, Joan E. Schaffner
The Constitutionality Of Breed Discriminatory Legislation: A Summary, Joan E. Schaffner
GW Law Faculty Publications & Other Works
This chapter focuses on Toledo v. Tellings, an Ohio case dealing with breed-specific legislation that restricted a Toledo resident to owning one “vicious” dog, defined purely by breed as a pit bull. This case implicated numerous constitutional issues, including vagueness, procedural due process, equal protection, substantive due process, takings, and privileges and immunities. Although the Ohio Sixth Appellate District struck down the breed-specific legislation, the Ohio Supreme Court reversed, and I find this reversal at odds with the constitutional issues at play.