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Amy Coney Barrett speaks on originalism, constitutional interpretations

first_imgDoes an originalist interpretation of the Constitution require judges to ask what James Madison would do in a given situation?Judge Amy Coney Barrett (’97 J.D.) answered this question with a resounding “no” in a lecture hosted Wednesday night by the Notre Dame Club of St. Joseph Valley.“Many people think an originalist approach requires us to ask, ‘What would James Madison do?’ if we were confronted with some type of constitutional problem. … That’s not what originalism means,” she said.Barrett, who currently serves on the U.S. Court of Appeals for the Seventh Circuit, distinguished between two types of originalism: original intent originalism and original public meaning originalism.The former emerged during the 1980s under Justice Earl Warren’s and Justice Warren Burger’s Supreme Courts, Barrett said. It arose as a response to living constitutionalism, a way of interpreting the Constitution that defended controversial decisions such as Miranda vs. Arizona and Roe vs. Wade.“Everyone agreed at the time that decisions like this aren’t textually compelled,” Barrett said. “There’s nothing in the text of the Constitution itself. … At the time, living constitutionalism was a sophisticated justification. Courts ought to interpret with an eye towards current norms, push the country forward with an evolving idea of norms.”Meanwhile, original intent originalism suggested that the Constitution should be interpreted in exactly the same manner as its framers, Barrett said.“Original intent originalism was really an [exercise] of trying to think your way into the minds of the framers and say ‘How would James Madison approach this problem?’ or ‘How would Thomas Jefferson approach this problem?’” she said.However, Barrett said, there are several objections to this framework — there were several framers of the Constitution, and it is not possible to ever fully guess at their thoughts. Furthermore, Barrett said, one might object to this form of originalism on the grounds that the Constitution should not be bound by the “private intentions” of the framers.Original public meaning originalism counters some of these issues by interpreting the Constitution according to what its framers said, rather than thought, Barrett said.“The text of the Constitution controls, so the meaning of the words at the time they were ratified is the same as their meaning today,” she said.This form of originalism distinguishes between interpretation of the Constitution — looking at the meaning of the Constitution — and construction, or putting the Constitution into practice, Barrett said.“Making this distinction between interpretation and construction has had the effect of making originalism a pretty wide tent,” she said. “Now, in its most recent and modern iteration, originalism has attracted people of all different political stripes.”While some might criticize originalism by saying it allows “the dead hand of the past” to influence current interpretations, Barrett said striking down judicial decisions for this reason would be analogous to reversing laws once the people who enacted them died.“Nobody would say that for example, Miranda vs. Arizona is no longer good law simply because the justices who participated in that decision are dead,” she said.Additionally, Barrett said, judges retain the power to reverse decisions when needed.“What makes [judicial decisions] democratically legitimate is … we always have the power to amend the Constitution,” she said. “Judges have the power to reverse judicial decisions when they have the need to.”Barrett also addressed the criticism that originalism created an inflexible interpretation of the Constitution, saying originalism often offered guiding principles, rather than direct answers to individual judicial questions.“In some respects we should look at that [inflexibility] as a good thing. … It’s a floor, we don’t want to go below this,” she said. “We don’t want an entirely flexible Constitution because then we would have no constitutional protection at all.”Tags: Amy Coney Barrett, Notre Dame Club of St. Joseph Valley, originalism, The Constitution, U.S. constitutionlast_img read more

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Rising from the ashes

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Roberto Martinez will not let his key men leave Everton in this transfer window

first_img “It (Lukaku’s ambition) goes hand-in-hand because at Everton we want to play Champions League football, so it is good to have a shared target,” added Martinez. “He wants to score goals and become better. It has been a fantastic journey in the last 13 months. “You have seen an evolution in his play which has been quite magnificent. He is a special footballer for us. “He is on the verge of getting 100 starts for Everton in all competitions and that is an incredible landmark for a 22-year-old. “More than anything that is because he is reliable, he has been consistently there and he is a focal point for us all. “I am looking for him to become even better as a player and carry on with the big role he has in the team. “Speculation is all positive. You don’t get that sort of reaction if you are not playing well.” Another player who has been long linked with a move away is Lukaku’s Belgium team-mate Kevin Mirallas. After an indifferent first half of the season, Mirallas produced an outstanding performance in the 3-3 draw at Chelsea – his first league start since Boxing Day – and Martinez believes they will now see the 28-year-old returning to his best form. “Kevin has always been an important player for us,” he said. “You get those ups and downs sometimes when you pick up a niggle, a red card against Swansea and miss three games and have a couple of international games – that can stop you from having real continuity. “Kevin is a player who is different from any other player we have in the club and gives us an extra dimension. He is not going anywhere.” Martinez could still look to offload some of his fringe players – the likes of Darron Gibson and Aiden McGeady – as he admits his squad is too big and has not ruled out making a signing before the deadline after missing out on Leeds’ Sam Byram. The academy graduate opted for West Ham as it is understood he felt he had more chance of getting immediate first-team football. “Sam’s situation was one, as in many occasions, we were first to identify a good potential footballer in the Championship,” said the Toffees boss. “We went through the correct procedures and we established a good relationship with Leeds. “But in the end it wasn’t the right move for Sam and he wasn’t the right player for us with the squad that we have and that was end of the matter, really. I’m pleased that we were at the forefront of identifying a player who has terrific potential but it was not right for both parties.” On the issue of guaranteed first-team football Martinez added: “Players need to earn the opportunity to play on the pitch.” Lukaku, their 19-goal top scorer, is set to make his 100th start for the club in Sunday’s visit of Swansea but there were claims this week the Toffees had put a £65million price tag on his head. Similarly, Chelsea have been linked with another move for England centre-back Stones, whom they failed to sign in the summer after having a £38million bid rejected, while Manchester City have reportedly identified midfielder Barkley as a replacement for Yaya Toure. Everton manager Roberto Martinez is adamant none of his key players will be allowed to leave this month, despite new speculation about the futures of Romelu Lukaku, Ross Barkley and John Stones. Everton successfully fended off all transfer interest in the summer and Martinez insists they will do the same for the remainder of this window. “None of our players who have been performing well…are going to leave in January. That is the end of the matter,” he stressed. “January is not a window where we are going to bring any instability to our squad. “Any talk about players getting evaluations or leaving the club is a waste of time.” When it was suggested to the Catalan that every player has his price he responded: “Not in January. “We are not going to even consider losing a member of our squad who has been important and will be important for second half of the season.” Lukaku has scored 55 goals in 108 appearances for the club and has 12 in his last 12 matches. Any decision to cash in would be controversial and, despite the continued speculation about Europe’s bigger clubs circling, Martinez believes they can keep hold of the Belgium international even though he has expressed his desire on more than one occasion to play Champions League football. Press Associationlast_img read more

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Cricket News Ashok Dinda suffers horrific head injury in Syed Mushtaq Ali practice game

first_img For all the Latest Sports News News, Cricket News News, Download News Nation Android and iOS Mobile Apps. Ashok Dinda last played for India in 2013.Dinda took 28 wickets in the 2018/19 Ranji Trophy.Dinda was hit during a Syed Mushtaq Ali practice game. New Delhi: Ashok Dinda suffered a horrific head injury during the Syed Mushtaq Ali warm-up game for Bengal at the Eden Gardens on Monday. The incident happened when batsman Birender Vivek Singh hit straight and Dinda attempted the catch on his follow through but it slipped from his hand and hit his forehead. According to a Cricket Association of Bengal (CAB) official, Dinda returned to the dressing room and looked fine but as a precautionary measure, he was taken to hospital and has been advised two-days rest.  The 2011 Mushtaq Ali champions Bengal open their domestic T20 campaign against Mizoram in their group D fixture at the Barabati Stadium in Cuttack on February 21. Bengal failed to make the final at home last season after finishing third in the Super League Group B.Dinda made his Twenty20 International debut against Sri Lanka in Nagpur in 2009 but had a poor start to his career as he was smashed for 34 runs in three overs but he took the wicket of Sanath Jayasuriya for 26. The right-arm pacer was selected in the ODI team and he made his debut against Zimbabwe in Bulwayo in 2010 but he did not pick up a wicket and conceded 49 runs in 7.2 overs. In 2012, Dinda’s crowning glory took place in the Twenty20 International against Sri Lanka in Kandy. He picked up 4/19 in three overs as India secured a 39-run win in the only game which was played in the shortest format. However, his expensive economy rate and the inability to control the flow of runs in the death overs worked against Dinda and he played his last game in 2013 against England in Rajkot.Dinda has been part of four IPL franchises and his first stint was with the Kolkata Knight Riders. He moved to Sahara Pune Warriors and has also been part of the Royal Challengers Bangalore franchise and Rising Pune Supergiant. In the 2018/19 Ranji Trophy, Dinda took 28 wickets in eight games with one five-wicket haul but Bengal still could not reach the finals. highlightslast_img read more