I’m reading “The Sweep and Force of Section Three” (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4532751) in which two conservative legal scholars come at the 14th Amendment from an originalist/textualist perspective to argue that ex-President Trump is constitutionally barred from holding federal office. It’s pretty good so far. It makes me wonder (as an aside): there must be analyses of how originalist/textualist the *original* (1800-era) courts were. Links?
#History #legalinterpretation #Originalism #SupremeCourt