Originalism in the State Courts: Justice Tom Lee of the Utah Supreme Court on the Due Process Clause of the Utah Constitution

"The original meaning of the constitution binds us as a matter of the rule of law. Its restraint on our power cannot depend on whether we agree with its current application on policy grounds. Such a commitment to originalism would be no commitment at all. It would be a smokescreen for the outcomes that we prefer."

|The Volokh Conspiracy |