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Saint Louis University School of Law

Journal

2013

Supreme Court

Articles 1 - 2 of 2

Full-Text Articles in Law

The Vanishing Indian Returns: Tribes, Popular Originalism, And The Supreme Court, Kathryn E. Fort Jan 2013

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 …


If It’S Not Broke, Don’T Fix It: Ignoring Criticisms Of Supreme Court Recusals, Kristen L. Henke Jan 2013

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.