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"Stop Seeking Certainty.." Minow's Response To Bork
Part 1 of Paper .... Minow. I will compare their respective views and
arguments in an effort to show why I prefer the arguments of Minow to those
of Bork. First though it is necessary to have a brief overview of Bork's
philosophy.
Bork is a firm believer in the originalist mode of Constitutional
interpretation. Many different.... Part 2 of Paper ....cuments, such as the Federalist papers,
are important clarifiers of the original intent. The second subdivision of
orginalism is called the textual orginialist view. This view argues that
the actual text of the Constitution is what is most important in terms of
understanding Constitutional intent. Bork began as an intention theorist,
then later changed and came to adopt the textual originalist view point.
Neither subdivision of the view of orginalism is very popular today, as is
evidenced .... |
Number of words: 2211 - Approximate pages: 9 |
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