- Video
When Should the Originalist Respect Precedent?
Is precedent always opposed to Originalism? Are there certain cases or issues when precedent is helpful or imperative? Professor John McGinnis posits that the Originalist should have a couple of simple, clear rules regarding the use of precedent. Professor McGinnis explains that while precedent is sometimes necessary, those situations ought to be an exception to Originalist interpretation and not the default rule. https://youtube.com/watch?v=Lxyz8_sJUZk