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Debating Originalism

BradStevens
(@bradstevens)
Illustrious Member

But you have to do your homework:

https://getpodcast.com/es/podcast/law-talk-with-epstein-yoo-senik/the-big-beautiful-originalism-debate_f2a3f6a07c

John Yoo, Richard Epstein, and Charles C. Cooke.  All three are political conservatives and all three believe originalism is useful and coherent, but Epstein has a theory of constitutional interpretation that includes a notion of prescription. While Yoo and Cooke are frustrated with Epstein, I actually think his notions are much more conservative in the traditional sense--he gives weight to history, pragmatism, and the status quo vs. abstract consistency in political or interpretative theory.


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Topic starter Posted : 11/22/2025 11:31 am
Goat
 Goat
(@goat)
Famed Member

Posted by: @bradstevens

But you have to do your homework:

https://getpodcast.com/es/podcast/law-talk-with-epstein-yoo-senik/the-big-beautiful-originalism-debate_f2a3f6a07c

John Yoo, Richard Epstein, and Charles C. Cooke.  All three are political conservatives and all three believe originalism is useful and coherent, but Epstein has a theory of constitutional interpretation that includes a notion of prescription. While Yoo and Cooke are frustrated with Epstein, I actually think his notions are much more conservative in the traditional sense--he gives weight to history, pragmatism, and the status quo vs. abstract consistency in political or interpretative theory.

So I was about to post my Anakin meme again, but instead I'm bumping this to say this is probably very interesting and I am absolutely going to find time to listen to this, as soon as I finish Rest is History's Greek Myths series.

 


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Posted : 11/22/2025 9:28 pm
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