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Specter Vs. Originalism


From his Senate remarks earlier this year on the anniversary of Brown v. Board: ” There are still some who contend that original intent is the only way to interpret the U.S. Constitution. In the first place, it is very hard to divine what the intent was of the Founding Fathers in 1787 when the Constitution was signed, even more difficult to figure out the intent of the ratifiers of the U.S. Constitution; and then when there is the equal protection clause, there is no doubt that the intent of those who spoke to equal protection was not to have integration. When the fundamental values of our society changed in the intervening years, the Supreme Court of the United States recognized that and interpreted the Constitution and equality and equal protection in a very different way.”


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