WWS 370 Lecture Notes - Lecture 7: Red Meat, Originalism
6 Nov 2018
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Document Summary
Dworkin says equality is the basis of everything and equality can be used to trump legislative decisions. The decisions of judges can trump decisions of legislatives to reach democratic and egalitarian goals. Originalism means the constitution should be followed exactly how it is. Intention and obligation (it was the intention of the authors to provide us with a document that tells us exactly how to run a democracy. We have an obligation to follow it exactly the way it is) Dying grandfather tells you to eat health. however, what healthy means changes every so often. He might think red meat and potatoes are healthy. Point is that the general intent (to be healthy and not die early) may stay the same, but the obligations (what is healthy) will probably change. Dworkin says originalism isn"t possible but that a moral reading is possible. Judges should try to understand changing precedents and the values of the people who wrote the constitution.
