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Full-Text Articles in Law
If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke
If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke
Saint Louis University Law Journal
No abstract provided.
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort
Saint Louis University Law Journal
As the nation faces cultural divides over the meaning of the “Founding,” the Constitution, and who owns these meanings, the Court’s embrace of originalism is one strand that feeds the divide. The Court’s valuing of the original interpretation of the Constitution has reinforced the Founder fetishism also found in popular culture, specifically within the politics of those identified as the Tea Party. As addressed elsewhere, their strict worship of the Founders has historical implications for both women and African Americans, groups both marginalized and viewed as property in the Constitution. No one, however, has written about how the Court's cobbled …