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The Tom Woods Show

Ep. 1380 Don't Get Snookered by Phony Constitutional Originalists

The Tom Woods Show

Tom Woods

Politics, Economics, Libertarian, Government, News

4.83.3K Ratings

🗓️ 9 April 2019

⏱️ 42 minutes

🧾️ Download transcript

Summary

Mark Pulliam returns to the show to discuss the problem of faux originalism in constitutional interpretation, emanating these days from certain libertarian and conservative think tanks. It's easy to be fooled by these arguments. What these arguments promote in the long run is not liberty but centralization and rule by judges.

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Show notes for Ep. 1380

Transcript

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0:00.0

The Tom Wood Show, episode 1380.

0:03.1

Prepare to set fire to the index card of allowable opinion.

0:07.7

Your daily dose of liberty education starts here, the Tom Woods Show.

0:13.9

Folks, here's an easy way you can tick off the boxes next to two of your New Year's resolutions at once,

0:19.8

taking better physical care of yourself

0:21.6

and being smarter with your personal finances. You can do both when you use, you guessed it,

0:27.3

Harry's Razors. Check out their amazing trial offer at harris.com slash Woods.

0:33.7

Hi, everybody. Tom Woods here. Mark Pulliam is back with us today, and Mark is fast becoming one of my

0:38.1

favorite commentators on legal and constitutional issues. We're going to talk today about constitutional

0:44.3

originalism. Of course, the idea of originalism has to do with how the Constitution is to be

0:49.6

interpreted correctly. The problem is, some people who say their originalists are not really

0:56.5

advancing originalism. They're advancing their own pet theory. And it's not clear that this is the

1:02.8

approach that so-called conservatives and libertarians ought to be taking. And Mark Pulliam is

1:08.6

blowing the whistle on these faux originalists. He's written a series of

1:13.4

articles on this topic. I'll link to those on the show notes page for you. And you'll definitely

1:19.9

get something out of this. And I'm not going to mention names as to where this faux originalism is

1:25.9

coming from. It does seem to have some association with certain

1:31.5

think tanks. I'll let Mark name names. He's the guest after all. I'm not going to censor him if he

1:37.2

chooses to do so. Just so you know about Mark's background, Mark is a graduate of the University of

1:43.2

Texas School of Law. He practiced law

1:45.2

in California for 30 years with a large law firm where he was recognized as one of the best

1:49.7

lawyers in America. He is very widely published across many periodicals. He has his own blog,

...

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