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 Wysłany: Pią 12:52, 02 Sie 2013 Temat postu: What Did the Word 'the' Mean in 1755- And Why Does |
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| it said that the recess power only applies if the vacancy itself arises between sessions. In other words, a job that comes open while Congress is in session can never be filled by a recess appointment, even if the Senate adjourns completely without acting on a nomination.This broad, indeed radical, decision illustrates the problem with "originalism" as a method of deciding, rather than analyzing, cases. Evidence from the period when a constitutional provision was framed is always relevant to a judicial decision. But so are subsequent caselaw, interpretation by other branches, and simple practicality. A court that claims to have discovered the "right" answer as a matter of "original intent," or "original understanding,tory burch outlet," or "original public meaning," may consider itself freed from all that messy precedent and history. That's particularly unfortunate because the theory of judicial originalism centers on an indefensible intellectual claim -- that one judge, or a multi-judge |
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